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Family members should be acutely aware of the provisions of nursing home agreements. Families are usually under great strain, both emotionally and financially, when placing a love one in a facility.

Under this pressure, families will not spend the time to properly review the agreement.

Some key things to look for:

  1. Consent for Treatment: A facility should not require a patient to consent to any treatment other than routine nursing care and emergent needs. 
  2. Waivers of Liability: Some agreements contain clauses that the facility is not responsible for injury to patients or for lost or stolen property. These provisions may be unlawful and should be removed from the contract.
  3. Binding Arbitration: Some contracts contain a provision that in the event of any litigation between the family and facility, an arbitrator rather than the court system and jury must be used.
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