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"Guarantor" requirement at new assisted living facility?

Is it common for an assisted living facility to require a family member to sign a rental agreement as a "guarantor", even if the resident is mentally sound and capable of paying? And even after facility requires set-up of autopay directly from resident? Is this legal? Can the resident be denied admittance if family member refuses to act as guarantor?

Should family member agree to "co-signing" and if so, is s/he required to provide SSN and Driver's License # (if requested on contract) or will signature suffice?

How do you suggest navigating this with a facility so as to not become liable for resident's debts and/or any additional charges facility might later charge?


Status: Open    Jul 25, 2016 - 06:34 AM

Senior Living Communities, Elder Law

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Expert Answers

Oct 05, 2016 - 12:46 PM

The nursing home is always looking for this but do not sign same without talking to a lawyer. Why should you guaranty the debt of your parent and in fact i believe the nursing homes have some type of restriction on them that they are not supposed to ask for the family members to sign but they do it anyway.
They should take your parent on their assets and income. Unless you want to be on the hook for and money owed the nursing home or facility i would strongly recomment you NEVER sign as a guarantor without consulting with an attorney. This could be the most expensive signature you ever give when the facility turns around and sues you for 150k for your parents unpaid bill! Call me if you have a question, I am in New Jersey and my contact information can be found on my profile page.


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