Regulations on Senior Living Centers

Senior living centers are a combination of housing and health-care residences designed for those who require supervised help with daily living activities. They're alternatives to nursing and personal-care homes in that they allow senior citizens to live in a less institutionalized setting, giving them more flexibility and encouraging family and community involvement. Regulations governing these centers vary from state to state.

Regulations

There are very few laws or regulations that govern assisted care living. At a minimum, however, most states require senior living facilities to be licensed and to undergo planned and unplanned inspections. Administrators and staffers also must have adequate education and demonstrated experience and attend ongoing (continuing education) training. The facility must demonstrate the ability to maintain overall operations while providing quality care and services to residents. Assisted living residences should offer 24-hour supervision and oversight.
Attempts have been made to create a national regulatory agency, but many have been thwarted by those who believe that more regulations will lead only to the closing of viable businesses and discourage others from opening new ones, which are badly needed because of the extension of life expectancies.

Waiver of Liability

A waiver of liability is a contract agreement that excuses or holds harmless the assisted living facility from legal responsibility in the case of accidents or injuries or other losses. These waivers are illegal and typically cannot be enforced in a court of law because liability is inherent in facilities offering services to the public.
No facility should be released from responsibility for potential negligence that may jeopardize the resident's health and safety. All facilities have a fiduciary responsibility to maintain their facilities and oversee their staff. If a facility requires a waiver of liability, it is a strong admission of its inability to meet the needs of its residents.

Older Americans Act of 1965

National Academy of Elder Law Attorneys (NAELA) supports the Older Americans Act, which promotes independence for older adults and community-based services and assists individuals living with long-term care needs both in facilities and at home. The act covers legal services, information and referral and social services among other needs of aging Americans.

National Senior Citizens Law Center

The National Senior Citizens Law Center advocates on behalf of low-income elderly and disabled Americans. The center does not provide legal advice or assistance, but it maintains a database of information and services designed to address various issues faced by the elderly.

Transition Services

A number of companies provide transition services that help older Americans downsize and relocate. They provide such services as document location, sorting items that will be offered for sale, scheduling the transfer or cancellation of utilities, scheduling repairs, interviewing realtors or assisted living facility administrators, packing, moving, unpacking, home staging in cases where there is a home for sale, shipping and storing valuables, home cleaning and pet care arrangements.