Elder Law

Case Law Update: Nursing Home Care Act Contracts

By Levin & Perconti

Carlton at the Lake, Inc. v. Barber, Nos. 1-09-0039 (5-20-10) found that long-term care facility filed suit for balance due for services to husband during his two-year residence at facility, and claim against wife under Illinois Rights of Married Persons Act, and quantum meruit claim against both. Breach of contract claim properly dismissed, as contract for residency was not signed by husband or by his daughter who admitted him to facility, or by facility representative, thus contract unenforceable. Claim under Married Persons Act properly dismissed as claims against wife are dependent and reliant on husband's underlying liability, which is unenforceable as contract not signed. Facility can state claim for quatum meruit, and its burden upon remand is to demonstrate services it provided and reasonable amount of fees sought. This Illinois Appellate Case will impact nursing home law.

Full post as published by Illinois Nursing Home Abuse Blog on June 11, 2010 (boomark / email).