A Cramer & Anderson client now in her late 80s signed a contract a few years ago to move into an apartment in a Connecticut continuing care retirement community (CCRC), but ultimately canceled the contract because renovations to the apartment were not completed in a timely manner, causing complications.

The timeframe was a pressing issue because the client had sold her house in preparation for the move, and even though the terms of the sale allowed her to remain in the house for between 90 and 120 days, the CCRC apartment was still not ready and the buyer of the house began raising the specter of breach of contract and charging a per diem fee for the client to stay in the house.

The CCRC contract required three payments – an entrance fee deposit, an admissions payment, and a capital improvements fee. Our client had paid only the entrance fee deposit, in excess of $200,000, before canceling the contract.

One section of the contract said that the entrance fee deposit, minus $20,000, would be returned if the agreement was canceled before a person physically moved in.

The continuing care retirement community refused, however, to refund any portion of entrance fee deposit, arguing that our client had misinterpreted the meaning of the words in the contract.

Cramer & Anderson Partner Dan Casagrande commenced legal action on behalf of the client and prevailed in compelling the CCRC to return a highly favorable amount to our client.

“He was so amazing to work with. He had such compassion and empathy for the situation my mother had been put in, and he just kept at it,” the daughter of the client said. “Because of Dan’s expertise he was able to be very efficient and effective with his time, therefore keeping the fees extremely reasonable. He was Dan the Giant Slayer again.”

Attorney Casagrande, the ‘Giant Slayer’

The latter comment refers to Attorney Casagrande being honored with the Connecticut Law Tribune’s first-ever “Giant Slayer” award in 2018 for his high-profile work on behalf of towns and cities, notably in major tax appeal cases.

It is one of many awards for the Municipal Law partner who also serves as Corporation Counsel for the City of Danbury. 

This past fall, he was named to the Connecticut Super Lawyers list for a third consecutive year, and in 2023 he won a Distinguished Leaders Award as part of the first ever New England Legal Awards. That same year, he was named a Fellow of the Connecticut Bar Foundation (CBF) James W. Cooper Fellows Program.

Attorney Casagrande holds AV Preeminent status from Martindale-Hubbell, a peer honor based on reviews from other attorneys that is among the most respected in the legal world.

See Attorney Casagrande’s profile page for additional awards and to learn more about his practice.

Seek Legal Help Before Signing a CCRC Contract

“Continuing care retirement communities, also known as CCRCs or life plan communities, are a long-term care option for older people who want to stay in the same place through different phases of the aging process,” AARP explains in a post that also offers tips on steps to take and questions to ask before signing a contract.

AARP’s list of basic questions to ask about CCRC contracts include these:

• What is the breakdown of fees, and will fees be raised annually? If so, by how much?

• What is the payment schedule?

• What services are included in the entrance and monthly fees?

• What are the charges for services that aren’t included in the standard fees?

• What happens when one person needs the next level of care if you are moving in as a couple?

• What if a resident needs assisted living or nursing care but no spaces are available in those sections?

• Is any portion of a resident’s fees refunded to the estate upon death?

• Are entrance fees refundable if a resident decides to leave the community?

Beyond these and other questions, it’s important to have an attorney review a CCRC contract before signing it – especially given the magnitude of the fees at these facilities. 

Cramer & Anderson has a team of Elder Law and other attorneys who have experience with such contracts. Call us at 860-355-2631, or reach out directly to Attorney Casagrande by phone at 203-744-1234 or by email at dcasagrande@crameranderson.com.

About Cramer & Anderson

Cramer & Anderson provides sophisticated legal services, close to home, with regional offices in New Milford, Litchfield, Danbury, and Ridgefield. For more information, see the firm’s website or call the flagship office in New Milford at (860) 355-2631.