I asked this question earlier this year, but it was never answered. My mom's memory care facility in New Jersey changed ownership and/or management last year. The new owners/managers want my mom to sign a new resident agreement that has terms that are not as favorable as the terms of the agreement with the prior owners/managers. The old agreement has a fixed fee and cannot be unilaterally changed or terminated by the facility. Can the new owners/managers force her to sign a new agreement? If she refuses, can they kick her out?
4 Answers
Helpful Newest
First Oldest
First
You need to read Moms contract and you need to find out what the agreement of sale says. Then you need to consult with a lawyer what Moms rights are. I really don't think you have anyway around this. Mom either complies or she finds another AL. Karsten gave you some legal advise but the rest of us are not lawyers. Also, every State is different. My State has rent control. Some don't. You really need a lawyer. If u can't afford one there is legal aid that charges by income.
So my answer is yes, they can make Mom sign a new agreement. And if she does not sign it, they can ask her to leave. Sorry, ALs are businesses as are any of the care facilities. Your agreement was with the former owners and the new owners are not obliged to honor it.
ADVERTISEMENT
Even if you try to fight this with a lawyer, you’ll probably lose. Facilities know every loophole to win. The new manager already thought of all that, before demanding you to sign the new contract.
You can try to fight this on your own: but you’ve probably already confronted the new manager. Did he say, “My facility, my rules”?
Ask other family members at the facility how they’re handling the problem.
Although a lot of work for you, if necessary change facility.