Liability of Power of Attorney

[melosync]

What is the name of your state?What is the name of your state? Virginia

I have had a Durable POA to adminster my mother's finances for several years. She has be in an assisted living facility during this time. Her resources are finally depleted and, unforntunately, the facility she is in is not a Medicaid facility.

I have taken steps to obtain long term Medicaid coverage and have located a Medicade facility for her. I started the process long before her finances were depleted, but due to circumstances way beyond my control, the final step in the process has dragged on for weeks and months.

The facility where is currently located continues send bills and pressure me for payment.

My question is whether I, as POA am financially liable for the cost of care from these costs.

 

[I AM ALWAYS LIABLE]

What is the name of your state?What is the name of your state? Virginia

I have had a Durable POA to adminster my mother's finances for several years. She has be in an assisted living facility during this time. Her resources are finally depleted and, unforntunately, the facility she is in is not a Medicaid facility.

I have taken steps to obtain long term Medicaid coverage and have located a Medicade facility for her. I started the process long before her finances were depleted, but due to circumstances way beyond my control, the final step in the process has dragged on for weeks and months.

The facility where is currently located continues send bills and pressure me for payment.

My question is whether I, as POA am financially liable for the cost of care from these costs.

My response:

When you first brought her to this facility, did you sign a contract, a guaranty, or any other documents that would make you personally responsible for the costs of your mother's care, room and board?

Did you receive copies of such documents? Have you reviewed each of these documents concerning your personal liability?

IAAL

 

[melosync]

My response:

When you first brought her to this facility, did you sign a contract, a guaranty, or any other documents that would make you personally responsible for the costs of your mother's care, room and board?

Did you receive copies of such documents? Have you reviewed each of these documents concerning your personal liability?

IAAL

Interestingly enough, it appears that the "Monthly Care Contract" was never signed by either me or a representative of the facility. All references to reponsibility in that document refer to "the resident". On all documents I did sign, I included "(POA for...)" or "(As Power of Attorney for...)" with my signature.

Thanks

 

[I AM ALWAYS LIABLE]

My response:

Well, then you have no liability or responsibility for the debts of your mother. A POA does not confer legal liability to third parties; rather, a POA only makes you liable to your mother.

So, write them a nice note saying that you have no liability or responsibility for the debts of your mother; that you are merely her POA, and that if they should still feel you're a liable or responsible party for the debts of your mother, then to please send you all proof of such.

However, be aware that the nursing home could immediately start Eviction proceedings against your mother. So, it's really a rock and hard place situation for you.

Good luck.

IAAL

 

[melosync]

My response:

Well, then you have no liability or responsibility for the debts of your mother. A POA does not confer legal liability to third parties; rather, a POA only makes you liable to your mother.

So, right them a nice note saying that you have no liability or responsibility for the debts of your mother; that you are merely her POA, and that if they should still feel you're a liable or responsible party for the debts of your mother, then to please send you all proof of such.

However, be aware that the nursing home could immediately start Eviction proceedings against your mother. So, it's really a rock and hard place situation for you.

Good luck.

IAAL

It is indeed a 'rock and a hard place situation' but I thank you very much for your helpful advice.