For nearly 20 years, I have worked with individuals and families planning for aging, incapacity, and long-term care. One question that comes up often is whether an attorney can review a contract from an assisted living facility, memory care community, skilled nursing facility, or continuing care retirement community and tell the family whether it is a good choice.
The honest answer is that every person usually needs something a little different. Most do not want a technical legal analysis alone. They want practical guidance, helpful questions, and a better sense of what to watch for before they make a major life decision.
I do not give financial advice about whether a particular facility is affordable or a good value. I also do not tell clients that a particular community is the right fit just because the paperwork looks polished. What I can do is help families think through the issues, spot the questions they should ask, and make sure their estate planning documents are aligned with whatever care choice they make.
Start with the real-life questions
When a family receives a facility contract, the first instinct is often to focus on price. Cost matters, of course, but price is only one piece of the decision. The better question is whether the community can meet the resident’s needs over time and what happens if things do not go as expected.
That is where good questions become more important than a quick yes or no.
Questions families should ask
Here are some of the most important questions I encourage families to raise with the facility:
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How are care levels determined, and who decides when a resident moves from one level to another?
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What happens if the resident needs more care later?
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Is there guaranteed availability in memory care, skilled nursing, or higher-support settings, or could those areas be full when needed?
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What happens if the resident or family is unhappy with the care, staffing, responsiveness, or services?
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Is there a formal complaint process, and who handles concerns?
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How often can monthly fees increase, and how much notice is given?
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What additional charges apply beyond the base monthly fee?
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Are there extra costs for medication management, incontinence care, escort assistance, transfers, or a second occupant?
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What are the move-out rules if the resident decides the community is not a good fit?
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Are any entrance fees or deposits refundable?
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Under what circumstances can the facility terminate the contract?
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How will the facility work with an agent under a financial power of attorney or health care power of attorney if the resident can no longer manage things independently?
These questions are often more useful than asking whether a contract is “good” or “bad” in the abstract. A contract may be perfectly standard and still be a poor fit for a particular person.
Dissatisfaction matters more than people think
One of the biggest concerns families have is not just cost. It is what happens if the resident is disappointed after moving in.
That concern is understandable. A glossy brochure and friendly tour do not answer harder questions such as what happens if staffing feels thin, response times are slow, communication is poor, or the resident feels that promised services are not being delivered in the way they expected.
I encourage families to ask the facility directly:
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If we are dissatisfied, what is the process for raising concerns?
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Who has authority to address a complaint?
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Can the resident transfer to another unit or level of care if needed?
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If the resident wants to leave, what notice must be given and what fees continue?
Those questions may feel uncomfortable, but they are exactly the kinds of questions that help families make informed decisions.
Availability at higher levels of care
Another issue that deserves close attention is what happens if the resident’s health changes. Many families are attracted to communities that offer multiple levels of care because they hope a parent or spouse can remain in one general setting as needs increase.
That can be a real benefit, but it is still important to ask whether there is actual space available when the time comes. If assisted living is working well today, but memory care or skilled nursing is full later, the family may face a stressful transition at exactly the wrong time.
For that reason, I often suggest asking:
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Is priority placement offered if a current resident needs a higher level of care?
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Is that placement guaranteed, or only offered if space is available?
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What happens if no bed or apartment is open when the resident needs it?
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Would the resident need to move to another facility temporarily or permanently?
Families are often relieved simply to know the answer up front.
Our role as estate planning counsel
As an estate planning attorney, my role is usually not to approve or reject a facility contract for the family. My role is to help make sure the broader plan supports the client’s care decisions.
That may include reviewing whether powers of attorney are current, confirming the right people are named to help with financial and health care decisions, and making sure the trust or estate plan can function smoothly if long-term care becomes necessary. Sometimes the most valuable service is not contract interpretation. It is helping the family prepare for what comes next.
A balanced perspective
In my practice, I have had clients who were generally satisfied with senior living and care communities, including higher-care settings. I have also seen situations where families wished they had asked more questions before signing.
That is why I encourage a balanced approach. Do not assume the contract tells you everything you need to know, but do not assume the worst either. Tour the community, have lunch or dinner there with residents, ask detailed questions, talk with staff and residents if possible, and make sure your legal and financial planning team is helping you evaluate the decision from the right angles.
Final thought
Signing a long-term care or senior community contract is not just a housing decision. It is a quality-of-life decision, a care decision, and often a major financial decision too.
Families are best served when they slow down, ask thoughtful questions, and make sure the choice fits not only today’s needs but tomorrow’s possibilities as well.
