Yesterday, I moved my mother to a LTCF in Ontario. I have Power of
Attorney for both Personal care and Property. I had asked for the
contract three months ago and they refuse to give a copy saying it
would be a quick process. Today I obtained a copy and I think that
there are inappropriate responsibilities assigned to me.

My mother has Alzheimers disease, is 86 years old and has no mental
capacity to make her own decisions. She was placed through the CCAC
(Community Care Access Centre - Ministry of Health of Ontario) in a
Home XX, one of several homes subsidized by the Ministry of Health.
These LTCFs are monitored by the Ministry and are regularly inspected.

I am willing to take fair responsibility for my mother including her
residence costs. I do not want inappropriate liability.

The following are questions and issues I would appreciate comments
from person with experience with the Ontario system.

1. The Home XX has named as a guarantor. No one from the CCAC or Home
xx ever mentioned that to me. Does she need a guarantor if I can prove
that she can pay?
2. Are these standard contracts for the LTCFs?
3. Does the Ministry inspect the contracts for fairness?
4. A clause says "the term Resident in this agreement includes the
Resident's Agent (me) as the context permits."
Why should I be responsible other than for the residence costs or
carrying out my duties according to the Power of Attorney?
5. How negotiable are these clauses?

I include the Schedule that deals specifically with the Guarantor and
contains the paragraphs I refer to below. I have underlines the words
that I object to.

6. I think Paragraph 2 is unfair.
7. I think Paragraph 3 is unfair. The cost is already covered in
another Schedule.
8. I think Paragraph 4 should be limited to the residence fees.
9. I think Paragraph 5 The first line "liability" should be limited to
residence costs.
10. I think Paragraph 6 The first line "any account" is too general.
11. I think Paragraph 7 be should be taken out.

SCHEDULE "A"
CONTINUING GUARANTEE By
xx Representative
(Print Name and Address of Guarantor}
TO AND IN FAVOUR OF
Home XX(CANADA) INC.

IN CONSIDERATION of the sum of one dollar [$1] and other good and
valuable consideration, the receipt and sufficiency of which are
acknowledged, the Guarantor(s) agrees with
Home XX as follows:

1.     Guaranteed Obligations
The Guarantor(s) irrevocably and unconditionally guarantees, as
principle debtor and not as surety, the due and punctual payment and
performance of all debts, liabilities and obligations (collectively
the "Guaranteed Obligations" of "Resident") to the Creditor, including
without limitation, the Obligations specified in the Resident's
Admission Agreement entered into between the parties of the same date
hereof, whenever, however or wherever incurred and any ultimate unpaid
balance thereof.
2.     Costs and expenses
The Guarantor(s) agrees to pay Home XX, upon demand, all out-of-pocket
costs and expenses (including, without limitation, legal fees on a
solicitor and client basis) incurred by or on behalf of Home XX in
connection with enforcing any of its rights against the Resident
and/or the Guarantor(s) in respect of the Guaranteed Obligations.
3.     Waiver
The Guarantor(s) agrees that Home XX may, without providing notice or
obtaining the consent of the Guarantor(s) and without exonerating in
whole or in part the Guarantor(s), amend, renew, extend, indulge,
release, vary the Service Charges or otherwise change the terms of the
Resident Admission Agreement as Home XX deems appropriate.
Resident Admission Contract
4.     Right to immediate payment
Home XX shall not be bound to seek or exhaust its recourse against the
Resident before being entitled to payment from the Guarantor(s) of the
Guaranteed Obligations under this Agreement and the Guarantor(s)
renounces all benefits of discussion and division.
5.     Payment on demand
The liability of the Guarantor(s) shall be payable immediately upon
written demand and such demand shall be conclusively deemed to have
been given when an envelope containing such demand, addressed to the
Guarantor(s), is delivered to the attention of the Guarantor(s) at the
address of the Guarantor(s) set forth in this Agreement or at such
other address as the Guarantor(s) may from time to time designate to
the Administrator or Home XX in writing or in accordance with Article
8 of the Resident Admission Agreement. The liability of the
Guarantor(s) shall bear interest from the date of such demand and both
before and after judgment, at the rate of eighteen (18%) per cent per
annum and Home XX will seek to recover any costs incurred in the
collection of outstanding accounts.
6.     Statement of accounts
Any account settled or stated by or between Home XX and the Resident,
or if any such account has not been so stated or settled prior to any
demand for payment, any account stated by Home XX shall, in the
absence of manifest error, be accepted by the Guarantor(s) as
conclusive evidence that the amount of the Guaranteed Obligations so
settled or stated is due and payable by the Resident to Home XX.
7.     Liability absolute
The liability of the Guarantor(s) shall be absolute and unconditional
irrespective of:
a)    The invalidity, unenforceability or illegality, in whole or in
part, of any agreements, instruments or other documents held by Home
XX to create, represent or evidence any Guaranteed Obligations;
b)    Any defence, counterclaim or right of set-off available to the
Resident whose obligations the Guarantor(s) is guaranteeing.
c)    Any other circumstances which might otherwise constitute, in
whole or in part, a defence available to the Guarantor(s), the
Resident or any other persons in respect of the Guaranteed Obligations
or the liability of the Guarantor(s).
Resident Admission Contract