legallearner
Junior Member
What is the name of your state (only U.S. law)? WA
WA
I am not sure where to post this, so “elder care” seemed like a good place to start…
Is an independent living apartment in a retirement community considered a “private residence” for purposes of privately employing a live-in senior caregiver?
My mother currently resides in a month-to-month independent retirement community (that also offers assisted living services, but is not a CCRC), and requires and has had a live-in caregiver for several years for a variety of health reasons, including some dementia.
She does not require nor get any health or medical services from the community (i.e., no assisted living services or anything else – if she collapses, we are on our own); only amenities provided by the rental contract (utilities, activities, building security). And, we expect no medical or health services from them – that is what the trained, certified, bonded and insured caregiver is for (who is through a licensed agency). My mother moved into this community before she needed a caregiver or any medical attention.
However, this community is over 50 miles away from, me, the only living relative.
The live-in caregiver has been with my mother for years, and they have a tight bond and friendship – we consider the caregiver “family.” Thus, this particular caregiver is important for my mother’s livelihood, and is very much an essential and trusted companion – much like a spouse in some ways -- with the added benefit of being able to attend to medical needs and help with activities of daily living.
I would like to move my mother and her caregiver closer to where I live. I have found a couple of communities that offer independent living apartments, assisted living services and memory care wards on the same campus.
I would like to duplicate what we now have – an apartment in the independent living area and the live-in caregiver stays on for the reasons already stated. We would expect nothing from the community other than amenities provided in the rental agreement – no medical, assisted living, nursing or otherwise services. We would even sign a liability waiver as any care is why we pay a caregiver.
However, the communities are saying that my mother would have to go into their memory care unit, and use their nursing assistants (at a ratio of 5-10 patients per one nurse aid). These communities are month-to-month rentals, not CCRCs. The caregiver would not be allowed. They are saying that, by law, if they offer memory services then we have to use theirs – even though we are not asking for memory care or any care from them.
My question: if we are paying the rent, require no health or medical services from the community since we have a 1:1 caregiver full-time, assistance with activities of daily living are provided by us and the caregiver, my mother would not be a detriment to the community (she and the caregiver are actively involved in community activities at her current residence), she does not require any treatment from the facility, finances are not an issue (i.e., no Medicaid or other assistance needed), we furnish the rental unit, she can come and go freely, and we just want her to be able to keep her long-time companion (much like a spouse taking care of a loved one with medical and mental needs, except this person is licensed and trained as well), in a lively place for seniors with senior-oriented activities and entertainment (as opposed to just renting an apartment somewhere), wouldn’t an independent apartment in a senior community be considered a “private residence” and they should allow this set-up? The apartment, while in a retirement community, would be a separate and distinct dwelling maintained by us. If my father were alive, would they have to split into two different parts of the community?
If something were to go awry (such as the caregiver needing to quit, or memory issues become invasive on others’ ability to enjoy the community), then we could take care of that by the agency providing a replacement caregiver for the short-term until we moved my mother to a full-care part of the facility or similar. I’ve read that even hotel rooms can be considered “private residences”.
Even my mother’s doctors agree that losing this particular caregiver would be detrimental to her, and she would most likely go downhill quickly.
I hope this made sense. Thank you.
WA
I am not sure where to post this, so “elder care” seemed like a good place to start…
Is an independent living apartment in a retirement community considered a “private residence” for purposes of privately employing a live-in senior caregiver?
My mother currently resides in a month-to-month independent retirement community (that also offers assisted living services, but is not a CCRC), and requires and has had a live-in caregiver for several years for a variety of health reasons, including some dementia.
She does not require nor get any health or medical services from the community (i.e., no assisted living services or anything else – if she collapses, we are on our own); only amenities provided by the rental contract (utilities, activities, building security). And, we expect no medical or health services from them – that is what the trained, certified, bonded and insured caregiver is for (who is through a licensed agency). My mother moved into this community before she needed a caregiver or any medical attention.
However, this community is over 50 miles away from, me, the only living relative.
The live-in caregiver has been with my mother for years, and they have a tight bond and friendship – we consider the caregiver “family.” Thus, this particular caregiver is important for my mother’s livelihood, and is very much an essential and trusted companion – much like a spouse in some ways -- with the added benefit of being able to attend to medical needs and help with activities of daily living.
I would like to move my mother and her caregiver closer to where I live. I have found a couple of communities that offer independent living apartments, assisted living services and memory care wards on the same campus.
I would like to duplicate what we now have – an apartment in the independent living area and the live-in caregiver stays on for the reasons already stated. We would expect nothing from the community other than amenities provided in the rental agreement – no medical, assisted living, nursing or otherwise services. We would even sign a liability waiver as any care is why we pay a caregiver.
However, the communities are saying that my mother would have to go into their memory care unit, and use their nursing assistants (at a ratio of 5-10 patients per one nurse aid). These communities are month-to-month rentals, not CCRCs. The caregiver would not be allowed. They are saying that, by law, if they offer memory services then we have to use theirs – even though we are not asking for memory care or any care from them.
My question: if we are paying the rent, require no health or medical services from the community since we have a 1:1 caregiver full-time, assistance with activities of daily living are provided by us and the caregiver, my mother would not be a detriment to the community (she and the caregiver are actively involved in community activities at her current residence), she does not require any treatment from the facility, finances are not an issue (i.e., no Medicaid or other assistance needed), we furnish the rental unit, she can come and go freely, and we just want her to be able to keep her long-time companion (much like a spouse taking care of a loved one with medical and mental needs, except this person is licensed and trained as well), in a lively place for seniors with senior-oriented activities and entertainment (as opposed to just renting an apartment somewhere), wouldn’t an independent apartment in a senior community be considered a “private residence” and they should allow this set-up? The apartment, while in a retirement community, would be a separate and distinct dwelling maintained by us. If my father were alive, would they have to split into two different parts of the community?
If something were to go awry (such as the caregiver needing to quit, or memory issues become invasive on others’ ability to enjoy the community), then we could take care of that by the agency providing a replacement caregiver for the short-term until we moved my mother to a full-care part of the facility or similar. I’ve read that even hotel rooms can be considered “private residences”.
Even my mother’s doctors agree that losing this particular caregiver would be detrimental to her, and she would most likely go downhill quickly.
I hope this made sense. Thank you.
