If the adult child signs the agreement, then yes, he or she can be held personally liable for payments according to a recent out-of-state court decision. Reversing a trial court, a Connecticut appeals court rules that a residency agreement signed by the daughter of an assisted living facility resident making the daughter personally liable for her mother’s care is not unconscionable or against public policy. Emeritus Senior Living v. Lepore (Conn. App. Ct., No. AC 40078, June 26, 2018).
In this case, the daughter admitted her mother to an assisted living facility and signed the residency agreement as her mother’s representative making her “jointly and severally” obligated to pay the facility. After a few months, the daughter stopped making payments to the facility and the facility filed a lawsuit against the daughter.
The daughter prevailed at the trial court level which determined that the residency agreement was unenforceable because it was unconscionable and against public policy. The facility appealed the trial court’s decision and the Connecticut Court of Appeals reversed the decision holding that the agreement is not unconscionable or against public policy.
The interpretation of this court case should be a warning to adult children who are assisting aging parents with assisted living arrangements. Carefully read any contract that requires your personal signature.
If you have any questions or concerns about a document, the attorneys at Stouffer Legal can help you. Call 443-470-3599 to schedule an appointment to have the agreement reviewed prior to signing.