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Jewish World Review July 8, 2008 / 5 Tamuz 5768 Think before signing CCRC contract By Jan L. Warner & Jan Collins http://www.JewishWorldReview.com | Q: My wife and I have decided to move into a continuing-care retirement community (CCRC), mainly because we are told that we can "age in place" and move from one area of the community to another as our health needs require. We read through the contract, and it scared us. We don't want to sell our home and get stuck. We are enclosing a copy and would appreciate your comments. A: The best person to review your contract is your attorney, with assistance from your certified public accountant and/or financial adviser because of the expense and potential pitfalls that seniors don't need to deal with after the fact. Each CCRC requires a long-term contract by which, for stated payment amounts, the community is obligated to provide housing and various services, and, when needed, assisted living and nursing care, generally all located on one campus. While all contracts contain similar language, some have bells and whistles that require explanation. Most seniors who move into a CCRC don't want to continue to maintain their homes, want security, and want to be in a community of their contemporaries for socialization; however, the tradeoff is a long-term financial commitment that is far from paltry. Seniors who buy into the CCRC environment generally sign lifetime contracts when they are healthy with the expectation that if and when they become ill, they will be provided with care for the rest of their lives — that is, so long as they have the financial resources with which to continue paying. CCRC living is expensive. There may be four-figure monthly maintenance fees plus entry or "buy-in" fees that can run into hundreds of thousands of dollars. There are questions of whether the resident owns or leases the living space, whether the same can be sold or sublet, whether the prices are for one or two people, whether pets are allowed and what happens financially upon a move to stepped-up care or death of one or both seniors. Seniors begin with independent living — an apartment, duplex or condominium — and move into other areas if required by their future health needs, such as assisted-living and skilled-nursing facilities, without having to move off campus. While facility accreditation is important, before signing a contract of this nature, a full investigation is highly recommended, as there are generally a number of contracts available. For example, the contracts that provide for unlimited long-term nursing care without additional cost are the most expensive, but they make future financial planning more predictable. On the other hand, contracts providing for specified periods of nursing care or "pay as you go" nursing care are financially unpredictable. Before you do anything, here are some tips: Find out about the financial health of the community by getting a financial statement and operating history. Find out exactly what is covered in the monthly fees and, if subject to increases, upon what basis. Find out who owns the space in which you will be living, and the conditions upon which you and your spouse can stay there. If the contract can be terminated, upon what basis? If you are not satisfied, are you locked into arbitration? Find out who decides when you move to another level of care; whether your spouse remains in your unit or moves with you; and if you and your spouse leave the unit, whether you can sell it or get reimbursed by the community. Some folks mistakenly believe that if nursing-home care is needed, they will be able to use the "equity" in the contract to pay for it. Find out what happens financially if, within 60 days, you don't like it there. Find out whether there is a residents' association and, if so, what input it has regarding management of the community. Find out whether the portions of the monthly fees that go to real-estate taxes and medical expenses are allocated so as to be tax deductible to you. Find out whether you can take another person — such as a child — in with you and, if so, at what cost. Should a spouse die, what are the remarriage provisions? Find out what happens if you need stepped-up care and the facility is full. If the facility burns or is destroyed, who bears the risk of loss? Do you need your own insurance? These are big decisions and should not be made lightly. Every weekday JewishWorldReview.com publishes what many in in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here. JAN L. WARNER received his A.B. and J.D. degrees from the University of South Carolina and earned a Master of Legal Letters (L.L.M.) in Taxation from the Emory University School of Law in Atlanta, Georgia. He is a frequent lecturer at legal education and public information programs throughout the United States. His articles have been published in national and state legal publications. Jan Collins began co-authoring Flying SoloŽ in 1989. She has more than 27 years of experience as a journalist, writer, and editor. To comment or ask a question, please click here. Archives © 2008, Jan Warner

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