Arbitration.
While no one wants to think about the worst case scenario when admitting a loved one into a residential care setting, sometimes their admission is unavoidable. It is important to plan ahead and understand that incidents of neglect can and do occur. Accordingly, these types of businesses protect themselves from the outset by requiring the resident sign arbitration agreements. Arbitration means that you are giving up your right to a jury trial and in doing so, you are significantly eroding your opportunity for justice.

Arbitration Agreements are often swiftly or secretly placed in packets of admission paperwork.

DO NOT AGREE TO ARBITRATION when signing the admission paperwork.
How to avoid arbitration:

• Cross it out!
• Do not sign!
• Ask for time so an attorney may review!
• Write on the admission agreement: “I do not agree to arbitrate.”

Frequent and spontaneous visits.
Residential care businesses understand that they are ultimately responsible to their customers.

By frequently or spontaneously visiting your loved one, you can keep the facility accountable and see just how the business is run when no one is looking.

Ask to review or be involved in the care plan.
These facilities develop a Care Plan for each resident. This is basically the list of what care the resident is going to receive.

By being involved, you can not only hold the facility accountable for the specific needs of your loved ones, but you can also assess any changes in your loved one’s condition.

• Skilled nursing facilities. 
• Assisted living facilities. 
• Memory care units. 
• Independent care units. 
• Inpatient rehabilitation facilities. 
• Hospitals. 
• And other facilities that have taken a duty of care for its resident’s wellbeing.

• Bed sores. 
• Fall related injuries. 
• Medication errors. 
• Unrecognized changes in condition. 
• Malnutrition/dehydration. 
• Wandering/elopement. 
• Sepsis. 
• Physical or sexual assault or abuse.
• Improper use of restraints. 
• Theft. 
• Wrongful death.

• Death.
• Rapid changes in resident’s condition. 
• Foul odors.
• Wounds. 
• Loss or destruction of resident’s clothing.
• Falls.
• Unexplained injuries. 
• Evasiveness by faculty staff.
• Unusual contact/communications from the facility. 
• Sudden agitation or emotional withdrawal. 
• Sudden changes in prescriptions or care plan. 
• Inability of caretakers to fully explain the condition of the resident.