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Can Nursing Homes Prevent You from Exercising Your Rights?

Garcia & Artigliere

The deciding factor regarding whether you can exercise your right to a jury trial with a nursing home is the existence or non-existence of a binding arbitration agreement in the nursing home contract that you or your family signed upon entry into the home.

These clauses are common in all types of contracts. Ultimately, if lawfully acquired and executed, negate the parties right to a jury trial in favor of an arbitration. Arbitration, at its best, utilizes a trained and licensed arbitrator will hear arguments and pass binding as to any dispute of disputes. A binding arbitration clause is argued to provide a less expensive and faster resolution. And given the budgetary constraints of the Courts in this day and age that is perhaps an accurate assertion. However, that is only the case where the lawyer representing the aggrieved elder has the financial resources to match that of the nursing home and incur the significant costs relating to the arbitration process.

Tips before you sign a nursing home agreement

You may be hard-pressed for time when searching for a nursing home for a loved one. This is a common problem as many don’t prepare for these needs until it is a necessity. However, you still need to take time to read all contracts thoroughly. To help your cause, make sure:

  • To take the documents home in order to review them at your leisure and in a comfortable environment.
  • That you are not the “responsible party” when it comes to a senior’s expenses. Federal law says homes cannot make these kinds of requirements.
  • If you don’t understand something in the contract, call an experienced elder law attorney.

The experienced elder abuse attorneys at Garcia & Artigliere can help you navigate elder law issues with timeliness and success. Please contact us today if you believe your loved one was involved in an elder abuse situation. Call (800) 328-2630 or visit us online to submit a description of your situation for a free case review.


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