Choosing a nursing home for a loved one is never an easy decision. Some families often spend weeks — sometimes months — visiting facilities, researching care quality, reviewing activities and amenities, and considering specialized services such as dementia care. Location, physician access, and the overall environment all matter. In some situations, a hospital gives family caregivers very short notice of their options for their loved one.
The nursing home will decide where you’re loved one lives and how they live, maybe until the end of their life. Therefore, it’s vital that you have an experienced attorney, such as Kate Curler, review your nursing home contract.
A nursing home contract is a legally binding agreement. Like any contract, the terms can significantly affect your loved one’s care, your family’s financial responsibilities, and their legal rights. At the Law Office of Kate Curler LLC, we regularly review these contracts for our clients — and we’ve seen firsthand how important it is to read them closely.
Here are some key issues to keep in mind before signing:
1. Who Is Signing the Contract?
One of the most important questions is who is financially responsible under the agreement. If you’re signing on behalf of a loved one, be cautious about terms labeling you as a “guarantor,” “responsible party,” or “payor.”
In Illinois, children are not legally required to pay for a parent’s nursing home care. However, if you sign as a responsible party, the nursing home may attempt to hold you personally liable if the bill isn’t paid.
Tip: Never assume your signature is “just a formality.” Consult with an elder law attorney before signing.
2. Liability & Arbitration Clauses
Nursing homes can be held liable for negligence or harm caused by their actions (or inaction). But some contracts include language limiting this liability — or even requiring disputes to be resolved through binding arbitration instead of the court system.
Arbitration can restrict your legal options and often favors the facility. We often advise clients to cross out arbitration clauses before signing.
3. Daily Rates & Supplemental Services
The contract should clearly state the daily rate and exactly what that rate includes. It must also itemize any additional charges for supplemental services such as:
Cable TV upgrades
Laundry service
Internet access
Beauty/barber services
In-room meal delivery
Be sure the contract does not list extra charges for services covered by Medicare or Medicaid, or for standard services that should be included in the daily rate, such as:
Nursing services
Dietary services and meals
Routine hygiene items
Activities and social programming
Basic room maintenance
Mental health support services
4. Resident’s Rights
Illinois law requires that every nursing home provide a Statement of Rights upon admission. These rights include (but are not limited to):
Freedom from unlawful discrimination and deprivation of constitutional rights (including free speech, religion, and voting).
The right to send/receive mail, use the phone, and have visitors.
The right to manage personal finances.
The right to retain and use personal property.
The right to choose your own physician.
Privacy in both living space and medical/personal care.
Always review this section carefully so you understand — and can help protect — your loved one’s rights.
Final Thoughts
A nursing home contract is more than just paperwork; it’s a roadmap for your loved one’s care and a legal agreement that can carry significant consequences.
If you’re preparing to admit a family member into a nursing home, don’t sign anything before reviewing it with an experienced elder law attorney. At the Law Office of Kate Curler LLC, we can help you understand the fine print, protect your family from unexpected liabilities, and ensure your loved one receives the dignity and care they deserve.
The contents of this blog post are intended to convey general information only and not to provide legal advice or opinions.