This is an interesting question. I was starting the wheels rolling to put my husband in an ALF for a respite stay, and was sent a ton of paperwork to fill out. One of the forms was a waiver for me to sign that in the event my husband is injured during his stay, I will not sue the ALF. Then there were about 10 pages of material about the arbitration process.
Number one, I'm not sure if I am comfortable with that. (Well, maybe for a respite stay, but not necessarily for permanent placement.) Second, if my husband would injure another resident, would their family be more likely to sue me, because they have also signed the waiver and can't sue the ALF?
A friend suggested that a solution would be for me to buy increased liability insurance (we all probably already have some on our homeowner's policy, but he was saying to increase the amount). I guess I'd need to speak to an attorney to find out what would happen if I was sued, since all of our assets are jointly held, so that might offer some protection.
Never heard of this but not that familiar with NH. When grandmother was in NH aide has poured disifectant in foam cup and left on her table. Another aide came along and Gmother ask for juice. U guessed it, the aide gave her the disinfectant which she drank. She died from this. Lawsuit was filed and won by family.
Marilyn, I am not familiar with the NH papers but I have owned businesses and rentals for years and I carry a "Blanket Liability Policy" seperate from my Homeowners etc. It is not very expensive and right now I can't rmember the cost or the size of the policy. Ask your Insurance Agent about the possibilities and of course check with your attorney.
that is certainly something to think about. my guess would be yes if spouse injured someone while at the facility they would sue both of you )husband and wife_) and the facility. regardless of signed papers or not. its the attys who represent them to figure out how to say the facility wasnt as fault. i think paperwork is only as good as the atty representing you. ha. i wouldnt be comfortable with a waiver like that either. plus i dont know how well it would hold up in a lawsuit since they are responsible for the care and security while they are on premises. i agree if you can buy an umbrella policy for protection its a good idea. they arent very expensive but i would consult with the insurance person to see which type of policy would be best just in case. divvi
My sister and her late husband had rental property. They carried (and she still does) a million dollar umbrella policy which costs per $100 a year. This is over and above her regular homeowners, car, etc.
That does not make sense, You are putting him there under their care because he can not care for himself, and they want you to sign away any recouse to them not doing the task which you are paying for. I guess if you sign it, it is a good deal for them, not you.
Marilyn, before you sign, have your attorney review the document, advise you and make any required changes. DH was in an ALF for 2 weeks and I don't recall signing anything like that but we were in dire crisis and could very well have. We too have an umbrella policy - $5 million in addition to our homeowners but I'm not sure the additional insurance would have covered him in the ALF...good thing to investigate tho for future reference. I though it only covers incidents on property you own - home, boat, car, etc. not in a non-owned location. FYI, we were advised that the umbrella policy we have would NOT cover the live-in adie because he is not a member of the family living in our home. Only the homeowners policy would cover him. Same for the auto insurance. BE WARE and know what your insurance will cover.