Power of Attorney responsibility

[raymojac]

What is the name of your state (only U.S. law)? NH
I have "Power of Attorney" to deal with my 91 yr old grandfather who is in a nursing home because of failing health and dementia. I did this to help manage his financial situation. I will be initiating Medicaid which should apply because he has "NO ASSETS" other than property that is in both his and his 89 yr old common law wifes name. He also receives a monthly SS check. Can the nursing home hold me responsible for any charges that are not covered by Medicaid?

 

[FlyingRon]

Medicaid would never hold you responsible for anything no matter what your relationship with the covered person is.
Many facilities will try to coerce you to sign as a responsible party (i.e., on the hook for paying the bills), but unless you signed this, you're not.
Just because you are a power of attorney doesn't make you responsible to anybody other than the person who you are acting for.
There's no such thing as COMMON LAW MARRIAGE in New Hamster other than when it comes to probate.

 

[raymojac]

Thanks for the reply. The amount of coercing coming from the nursing home is pretty intense and I was getting concerned.

 

[latigo]

What is the name of your state (only U.S. law)? NH
I have "Power of Attorney" to deal with my 91 yr old grandfather who is in a nursing home because of failing health and dementia. I did this to help manage his financial situation. I will be initiating Medicaid which should apply because he has "NO ASSETS" other than property that is in both his and his 89 yr old common law wifes name. He also receives a monthly SS check. Can the nursing home hold me responsible for any charges that are not covered by Medicaid?

With the exception of the requirement to provide for one's dependent minor children a spouse, and in some instances one's dependent parent or parents . . .

No one can be held to answer for the debt of another unless it is (1) an original undertaking - that is, the promise by the person to be charged is the consideration for the creation of the debt,
or (2) there is a writing to that effect signed by the person to be charged or their authorized representative.

 

[raymojac]

Nothing has been signed and no verbal agreement was ever made regarding payment of any kind by me. They indicate they reserve the right to discharge him for non payment and report it to state authorities. They can't just throw him out on the street and he can't go back home. This could get ugly... Thanks again to you both for your input.

 

[raymojac]

Nothing has been signed and no verbal agreement was ever made regarding payment of any kind by me. They indicate they reserve the right to discharge him for non payment and report it to state authorities. They can't just throw him out on the street and he can't go back home. This could get ugly... Thanks again to you both for your input. Edit Post Reply With Quote Blog this Post .

 

[Zigner]

Should I file bankruptcy to save the house?

I am just frustrated with my ex-spouse. He is living in our home. We bought the house after getting married. I am living with my parents right now. He has not bothered to make payments in the past 2 years. This has affected my credit report terribly. The foreclosure proceedings will start soon. Somehow, I am feeling bad. I have spent several years in that house. I don’t want it to get foreclosed. Should I file bankruptcy? Will it help to save house?
please your advice ??

Pleas start your own thread.

 

[ecmst12]

Assets in his name AND someone else's name (whether wife, girlfriend, or stranger) will affect his eligibility for state aid though, and will have to be declared on his application.

If he is approved for Medicaid, most likely the facility will be claiming his SS check as well as the Medicaid assistance.

 

[commentator]

Yes, when you sign him up for Medicaid, if he is approved, they'll do the "pauperization" process, which means they've taken all his property and assets and left him with a small amount, under $100 a month for personal items. The rest of his Social Security, pensions, etc. will come to them directly. As for the big asset, the co-owned property with the live-in girlfriend, it'll probably be left alone till he passes, at which time a lien will be put on it.

Don't be silly. Do you think for one minute that people who are taking care of your elderly relative don't know all the ins and outs of the system that pays for the care of almost all of their clients, and that they are going to "trick" you somehow into signing something that will make you responsible for the patient's care? Do you innocently believe that the children and caretakers of all the other patients in this place are paying for their care? Skilled medical care for the elderly in a facility is horribly expensive, and unless the patient is super-wealthy, after Medicare stops covering it, (which it usually does for the first 60-90- days) most patients go quickly into Medicaid eligible status. They do not, as a rule, then come after the next of kin or person with power of attorney to pay the bills.

You're one among thousands of customers/patients/ situations they see in a year. Get yourself immediately to the Department of Human Services, Social Services, what ever it is called in your state, and begin the Medicaid process for your relative.

 

[ecmst12]

And this is why those young and healthy enough to qualify for it should get long term care insurance, now! Or at least sometime around 50-60 years old.

 

[Stephen1]

When we filled out forms for my father-in-law in an nursing home there were two questions regarding payment. Although they were not worded this straight forwardly - (1) Who is responsible for paying the debt (this would be my father-in-law or his estate after he passes), (2) to whom are we to send the bills (this would be my wife as she has the power-of-attorney). Be clear on which question they are asking, of course you don't want to be personally responsible for the debt but you are the correct person to receive the bills.

 

[las365]

And this is why those young and healthy enough to qualify for it should get long term care insurance, now! Or at least sometime around 50-60 years old.

Just a word of caution: People who are buying long-term care insurance should read the entire policy very carefully and maybe even take it to an attorney for review and explanation before buying it. An elderly family member of mine paid for long term care insurance for many years and when he recently got to the point of needing to use it, the carrier denied benefits he thought were included and his elderly wife had to fight the carrier to get the benefits that do exist. They belatedly had an attorney review the policy and he confirmed that coverage they thought was included (based on what the salesperson told them) was not. They had to pay far more out of pocket than they ever expected, because they listened to the sales pitch when they bought it and didn't scope out every detail.

 

[commentator]

I agree wholeheartedly about the long term care insurance situation--when it first came into being, and became possible, there was no provision at all for "assisted living" type arrangements which most people are much more likely to need than a long term skilled nursing care facility.

I have elderly friends and family who have paid large amounts of their money into long term care policies for the last 20 years, and are now paying out other large amounts of their money to pay for the situation where they hopefully will be able to remain for the rest of their lives. These policies should really be reviewed before purchase carefully.

But having dealt very frequently with nursing care facilities, I want to reassure the OP that the nursing home is not likely to be scheming to get him to pay them for his uncle's care, even if he is the one who is responsible for the payment of these bills due to his uncle's incapability.