If the adult child signsthe agreement, then yes, he or she can be held personally liable for payments accordingto a recent out-of-state court decision. Reversing a trial court, a Connecticutappeals court rules that a residency agreement signed by the daughter of anassisted living facility resident making the daughter personally liable for hermother’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, thedaughter admitted her mother to an assisted living facility and signed theresidency agreement as her mother’s representative making her “jointly andseverally” obligated to pay the facility. After a few months, the daughterstopped making payments to the facility and the facility filed a lawsuitagainst the daughter.
The daughter prevailed at the trial court levelwhich determined that the residency agreement was unenforceable because it wasunconscionable and against public policy. The facility appealed the trialcourt’s decision and the Connecticut Court of Appeals reversed the decisionholding that the agreement is not unconscionable or against public policy.
Theinterpretation of this court case should be a warning to adult children who areassisting aging parents with assisted living arrangements. Carefully read anycontract 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.