When elderly individuals move into assisted living facilities, it’s important to know about their legal rights. One key issue is the presence of forced arbitration clauses in their contracts.
What is a forced arbitration clause?
A forced arbitration clause is a part of a contract that says any disputes will be settled through arbitration instead of going to court. Arbitration is a private way of resolving issues where an arbitrator makes the final decision. This can limit the ability to appeal or challenge the decision in court.
Legal protections in Florida
There are laws to protect elderly residents from unfair arbitration clauses. The Florida Arbitration Code and elder law rules require that these clauses offer clear explanations. This means that assisted living facilities must make sure residents understand what they are agreeing to when they sign a contract.
The Florida Department of Elder Affairs provides information to help people understand their rights. If an arbitration clause seems unfair or was not fully explained, it might be possible to challenge it.
What should residents look out for?
Before signing a contract with an assisted living facility, elderly individuals and their families should carefully read and understand any arbitration clauses. Knowing what these clauses mean can help you make informed choices. It might also be helpful to seek advice from a lawyer who knows about elder law to get clear guidance.
Ensuring fair treatment
Being aware of the terms in contracts with assisted living facilities can make a significant difference in protecting your rights. Understanding how forced arbitration clauses work and knowing the legal protections available help residents make better-informed decisions about their care and address any concerns they may have.