1 Exhibit 5 B A S S, B E R R Y & S I M S P L C A PROFESSIONAL LIMITED LIABILITY COMPANY ATTORNEYS AT LAW 2700 FIRST AMERICAN CENTER 1700 RIVERVIEW TOWER NASHVILLE, TENNESSEE 37238-2700 POST OFFICE BOX 1509 TELEPHONE (615) 742-6200 KNOXVILLE, TENNESSEE 37901-1509 TELECOPIER (615) 742-6293 TELEPHONE (423) 521-6200 TELECOPIER (423) 521-6234 May 16, 1997 American Retirement Corporation 111 Westwood Place, Suite 402 Brentwood, Tennessee 37027 Re: REGISTRATION STATEMENT ON FORM S-1 (FILE NO. 333-23197) Ladies and Gentlemen: We have acted as your counsel in connection with your preparation of a Registration Statement on Form S-1 (the "Registration Statement") filed by you with the Securities and Exchange Commission on March 12, 1997, covering 3,593,750 shares of $0.01 par value common stock (the "Common Stock") of American Retirement Corporation (the "Company") to be sold by the Company to the underwriters represented by NatWest Securities Limited, Equitable Securities Corporation, and McDonald & Company Securities, Inc. (the "Underwriters") for public distribution pursuant to the Underwriting Agreement between the Company and the Underwriters filed as an exhibit to the Registration Statement. Such 3,593,750 shares of Common Stock include 468,750 shares that may be purchased by the Underwriters pursuant to the exercise of an option to cover over-allotments. In connection with this opinion, we have examined and relied upon such records, documents, certificates, and other instruments as in our judgment are necessary or appropriate in order to express the opinions hereinafter set forth and have assumed the genuineness of all signatures, the authenticity of all documents submitted to us as originals, and the conformity to original documents of all documents submitted to us as certified or photostatic copies. Based on the foregoing and such other matters as we have deemed relevant, we are of the opinion that the shares of Common Stock to be sold by the Company, when issued and delivered in the manner and on the terms described in the Registration Statement, will be validly issued, fully paid, and nonassessable. We hereby consent to the reference to our law firm in the Registration Statement under the caption "Legal Matters" and to the use of this opinion as an exhibit to the Registration Statement. Very truly yours, /s/ Bass, Berry & Sims PLC