Senior & Assisted Living Agreement (Germany)
A senior and assisted-living agreement for Germany that separates accommodation from care and support services and complies with the Residential Care Contracts Act (Wohn- und Betreuungsvertragsgesetz, WBVG). It covers fees, safeguarding, emergency contacts and termination on health or care-need grounds.
What's included
- Separation of accommodation from care/support services
- Fee breakdown (rent, board, care, service package)
- WBVG pre-contract information and consumer protections
- Scope of care and support and how needs are reviewed
- Safeguarding and staff duties
- Next-of-kin / emergency contact and health directives
- Termination on health or care-need grounds
- Signature block for resident, provider and representative
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🇩🇪 Local law notes — Germany
German senior and assisted-living contracts that bundle housing with care are governed by the Wohn- und Betreuungsvertragsgesetz (WBVG), which mandates pre-contractual information, itemised separation of accommodation and care fees, justified fee changes, and strong consumer protection (terms worse than the WBVG are void under § 16). The care facility itself is supervised under each Land's care-home law (Heimrecht / Landesheimgesetz) by the Heimaufsicht, and long-term care insurance benefits flow through the Pflegeversicherung (SGB XI) by care level (Pflegegrad). Providers may terminate only on limited statutory grounds and cannot simply evict a resident whose care needs rise.
Inside the document
1. Parties and Scope
This residential care contract (Wohn- und Betreuungsvertrag) is between the Provider [name] and the Resident [name] for accommodation with care/support at [facility, address]. It is governed by the Wohn- und Betreuungsvertragsgesetz (WBVG), which combines the letting of living space with the provision of care or support services.
2. Accommodation and Services Separated
The contract distinguishes (a) the accommodation (the resident's room/apartment and communal facilities) from (b) care and support services (assistance with daily living, nursing, meals, emergency call). Each element and its price are itemised so the Resident can see what is accommodation and what is care, as required by the WBVG.
3. Pre-Contract Information
Before signing, the Provider gave the Resident clear written pre-contractual information (vorvertragliche Informationen, § 3 WBVG) on services, staffing, fees and the results of any quality inspection. The Resident confirms receipt.
4. Fees and Adjustments
Monthly fees comprise: accommodation € [ ], meals/board € [ ], care/support package € [ ], and additional chargeable services as used. Fee changes require justification and advance written notice under the WBVG; where applicable, contributions from long-term care insurance (Pflegeversicherung, SGB XI) are set off.
5. Scope of Care and Needs Review
The care/support package covers [list]. Care needs are assessed on entry and reviewed regularly; if the Resident's care level (Pflegegrad) rises, the Provider offers an adapted service and fee, which the Resident may accept or decline. The Resident is not obliged to purchase services beyond genuine need.
6. Safeguarding and Staff Duties
The Provider ensures qualified staffing, a duty of care, dignity, protection from harm, and complaint/advocacy procedures, consistent with the applicable Land care-home supervision law (Heimrecht / Landesheimgesetz) and inspection by the supervisory authority (Heimaufsicht).
7. Next-of-Kin and Emergency Contact
The Resident names a next of kin / emergency contact and, where relevant, a legal representative (Betreuer/Bevollmächtigter) and any advance directive (Patientenverfügung) or care power of attorney (Vorsorgevollmacht). The Provider contacts them in emergencies and material changes to care needs.
8. Health, Privacy and Data
Health and personal data are processed only as needed for care, under the GDPR and Bundesdatenschutzgesetz (BDSG), and shared with treating professionals and named contacts as authorised. The Resident's privacy and autonomy are respected.
Frequently Asked Questions
Which law governs assisted living contracts in Germany?
The Wohn- und Betreuungsvertragsgesetz (WBVG), the Residential Care Contracts Act, governs contracts that combine housing with care or support for older or care-dependent people. It requires pre-contract information, itemised fees, and strong consumer protection; the physical facility is also supervised under each Land's care-home law (Heimrecht) by the Heimaufsicht.
Can the provider evict a resident whose care needs increase?
Only within strict limits. The WBVG lets a provider terminate for increased care needs only where it genuinely cannot deliver the required care, and it must give proper notice and support the transition. Rising care needs alone are not free grounds for eviction, and terms worse than the WBVG are void under § 16 WBVG.
How are fees and care-insurance benefits handled?
Fees must be itemised into accommodation, board and care so residents see each component, and any increase needs justification and advance notice. Benefits from statutory long-term care insurance (Pflegeversicherung under SGB XI), based on the resident's Pflegegrad, are credited against care costs.