I signed an agreement with the Masonic Homes at Covina by which they would take care of me until I die. I am 78.

Question

In exchange, they get . 75% of my Social Security income. I developed mental problems in 2023 which were later diagnosed as vascular dementia due to bleeding in my brain. To make a long story shorter, I was plopped in Clearwater at Glendora, where I have lived for slightly over a year. There is nothing to do there and the place is geared to people with serious mental problems. However, I went from very forgetful to mildly forgetful and from a heavy "brain fog" to none at all. I am virtually back to normal. By law, Masonic cannot put me back in the general population and I have no need for Skilled Nursing. I want to break the covenant I signed with Masonic so I can go my own way. I have a car I cannot drive since the diagnosis of vascular dementia, as my license was removed by the mandatory notification to the  DMV by the doctor. I want my driver's license back as well, since I feel as normal as I ever did before all this happened. Can you help me? And how much will it cost me?

James L. Arrasmith · Answer

Thank you for sharing your situation. This is a complex legal matter involving elder law, contracts, and medical issues. Here's an overview of the key points and some general guidance: 
 
1. Breaking the covenant: 
To break the agreement with Masonic Homes, you'll likely need to consult with an elder law attorney. They can review the contract terms and advise on potential ways to terminate the agreement, considering your changed circumstances. 
 
2. Driver's license reinstatement: 
Regaining your driver's license after a vascular dementia diagnosis will require: 
- A medical evaluation from your doctor certifying your fitness to drive 
- Potentially passing driving tests again 
- Working with the California DMV to reinstate your license 
 
3. Legal capacity: 
Given your history of mental health issues, it may be necessary to establish your current legal capacity. This could involve a medical evaluation to confirm you're able to make sound decisions. 
 
4. Costs: 
Legal fees will vary depending on the complexity of your case and the attorney's rates. Many elder law attorneys offer initial consultations at low or no cost. You should discuss fees upfront with any lawyer you consult. 
 
Next steps: 
1. Consult with an elder law attorney specializing in nursing home contracts and elder rights. 
2. Get a current medical evaluation of your cognitive status. 
3. Discuss with your doctor about the possibility of recommending license reinstatement. 
4. Contact the California DMV about the process for license reinstatement after a medical suspension. 
 
Remember, this is general advice and not a substitute for personalized legal counsel. An attorney can provide specific guidance tailored to your situation.

Q: I signed an agreement with the Masonic Homes at Covina by which they would take care of me until I die. I am 78.