The services at our independent living community have gone downhill from what’s in the contract. What is our recourse?
The management here keeps changing, and the services we pay for are not happening. The management isn’t listening to any of the residents and we don’t know quite what to do to fix the situation. Any ideas?
1. Definitely work toward legal representation. Involving a law firm with experience in real estate and preparation and recording of documents is a good option, as they'll be familiar already with standard and unique requirements of care homes. But you don't want a general real estate attorney. You need one with experience in commercial real estate, and/or especially with care homes.
2. This would fall under the category of transactional law, which includes real estate law. Don't go to a general real estate attorney, as that individual might have more experience in single property acquisition and sale. You want someone who's experienced with creation of entities that focus on multiple units, someone who's also familiar with the business aspect of real estate and facility management, and ideally, with elder care homes and units.
3. I would review the Oregon Bar Assn.'s website to find these kinds of attorneys, although there may also be local county bar associations with transactional firm members. You also want someone with adversarial experience, as opposed to primarily creating the entities, recording the documents, and not being involved in the management aspect.
4. This might help put transactional law in perspective, and why it's a broader field than real estate law in itself.
"...advise on general governance, commercial, and compliance matters", with compliance being a key issue for the residents;
'...design personnel policies "
5. As to resident preparation, each aggrieved individual should keep lists of incidents, dates, personnel involved, etc. Obviously this should be done quietly, discreetly, and certainly w/o any gathering that might tip off the management to your grievances.
6. If anyone has legal experience, he/she should review the grievance list and correlate to specific contract provisions. This will help link the services lacking to specific contract noncompliance, which is the basis for which you want to approach the situation.
7. Linking events, noncompliance and lack of services will help whichever law firm you retain.
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2. This would fall under the category of transactional law, which includes real estate law. Don't go to a general real estate attorney, as that individual might have more experience in single property acquisition and sale. You want someone who's experienced with creation of entities that focus on multiple units, someone who's also familiar with the business aspect of real estate and facility management, and ideally, with elder care homes and units.
3. I would review the Oregon Bar Assn.'s website to find these kinds of attorneys, although there may also be local county bar associations with transactional firm members. You also want someone with adversarial experience, as opposed to primarily creating the entities, recording the documents, and not being involved in the management aspect.
4. This might help put transactional law in perspective, and why it's a broader field than real estate law in itself.
https://hls.harvard.edu/dept/opia/what-is-public-interest-law/public-interest-work-types/transactional/
These aspects are what you seek from a law firm:
"...advise on general governance, commercial, and compliance matters", with compliance being a key issue for the residents;
'...design personnel policies "
5. As to resident preparation, each aggrieved individual should keep lists of incidents, dates, personnel involved, etc. Obviously this should be done quietly, discreetly, and certainly w/o any gathering that might tip off the management to your grievances.
6. If anyone has legal experience, he/she should review the grievance list and correlate to specific contract provisions. This will help link the services lacking to specific contract noncompliance, which is the basis for which you want to approach the situation.
7. Linking events, noncompliance and lack of services will help whichever law firm you retain.
2. If it's owned by a corporation, contact the Corporate offices. Tell them they're in violation of the contract.
3.. Complain to the agency in your state that oversees nursing homes. Tell them the nursing home is in violation of the contract.
4. Move your loved one.
I suggest you do 1-3 at the same time, then do #4 if you get no satisfaction.
Don't lawyer up if you plan to keep your loved one there. They'll receive even worse treatment than they do now.
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