Lecture Notes
(from Instructor's Manual by Ronald J. Schwartz, J.D., L.L.M. for textbook
Law and Aging - Essentials of Elder Law - 1st Edition - Pearson Publications)

Living Facilities for the Elderly

Topical Outline
a. Independent Living Facilities
   (1) Residency agreement
   (2) Lease Agreement
   (3) Admission Procedure
   (4) Termination of Lease
   (5) Life care communities
b. Assisted Living Facilities
   (1) Residential agreement
   (2) Admission
   (3) Discharge
   (4) Services provided by an assisted living facility
   (5) Ancillary services
c. Skilled Nursing Facilities
   (1) Types of skilled nursing facilities
   (2) Considerations in the selection of a nursing home
   (3) The nursing home contract
   (4) Bed held policy
   (5) Change in source of funding
   (6) Discharge policy
   (7) Policy regarding living wills

Learning Objectives
The paralegal should be aware of alternate living facilities in his or her community and be able to assist the client in applying for admission.

Job Competencies
a. to be able to read and understand admission contracts for: independent living facilities; life care communities; assisted living facilities; skilled nursing facilities
b. to assist in placing clients in the independent living facilities, life care communities, assisted living facilities and nursing homes
c. to make contacts with various alternative living facilities, including, but not limited to independent living facilities, life care communities, assisted living facilities, nursing homes
d. to meet with nursing home administrators and understand their admission requirements
e. to understand the nature of catastrophic illnesses that would compel and individual to be admitted to a skilled nursing facility.
f. to understand the rules and regulations common to all nursing home facilities

Key Concepts
The elderly population is growing. They are returning to school at 50, starting new careers at 60, jogging at 70 and playing tennis into their 80's. The traditional family as we know it, no longer exists. Parents have located to warmer climates and children have moved away to marry or work in other parts of the country. Children no longer care for their elderly parents. Alternate living facilities have been created to meet the needs of the graying population. It is crucial for a paralegal in this area to understand the demographics of aging and to assist elderly clients in their transition into new living facilities, whether the movement is by choice or necessitated by illness.