Can Resident Release Assisted Living from Liability for Injuries?
Photo by Georg Arthur Pflueger on Unsplash
Question:
Mother is an assisted living resident and we would like to move her to another facility but she has an advanced stage pressure sore. Can we legally release a new facility from liability for any adverse effect or fatality resulting from her condition?
Response:
This could depend on assisted living regulations in your state, but absent any state law or regulation barring such a release, I don’t see any reason you can’t release the new facility from such liability. If your mother has legal capacity, she should sign the release. If she does not, but has a durable power of attorney appointing an agent, then that agent can sign the release. If there’s no durable power of attorney in place you may need to seek conservatorship in order to have legal authority to release the new facility.
Related Articles:
Will Assisted Living Facility Indemnify Resident for Personal Liability?
Will Guardianship Enable Moving Senior to Assisted Living?
What are Guardianship and Conservatorship?
What is a Durable Power of Attorney?
Related Articles
Don’t know how your trust works?
Whether you’re creating a plan, managing a trust, or are a beneficiary of a trust, this book is your easy-to-read roadmap.
