POA and Responsibility for Nursing Home Bills

I have P.O.A. for my Dad and I am on all his bank accounts and pay all his bills etc. If he goes into a nursing home can they also come after my own personal bank accounts?

Advertisement

Add your voice! Click below to answer. ThriftyFun is powered by your wisdom!

June 6, 20170 found this helpful

No. Don't worry about that.

Reply Was this helpful? Yes
June 6, 20170 found this helpful

There are a lot of questions here and I would advise you to see an elder care attorney in your state before saying you would not be held responsible.
Does your Dad have private/personal money to pay his expenses in a nursing home? Does he have property that can be sold or held to pay for any overages for his care treatment? Will he be under Medicare (can/may only qualify for Medicare benefits if sent to nursing home from a hospital)? If his money and Medicare runs out, will he have to go under the Medicaid program?
Have you kept good/adequate records of all the expenditures since accepting the POA? (Medicaid will many times research what was done with a patient's money and property for up to 5 years before they were admitted to the nursing home.) States (Medicaid) can take back any money or property that looks like it was done to keep from having it go to pay for the patient's welfare.

Advertisement

This would be considered fraud in many cases.

Not every state is the same but many have these laws on their books and can institute them anytime they feel it necessary.
You need an attorney to advise you on all of these things (for your state) and also to review any contract forms from a nursing home BEFORE you place your Dad in their care.
So, what is the legal answer to your question? I believe it can be said that the nursing home will not go after your personal bank account (immediately). But no one but an attorney can say they cannot sue you for any amount of money that is spent on his care.
You need an attorney!

Reply Was this helpful? Yes
June 6, 20170 found this helpful

I did have something else that i wanted to share but, no matter what anyone tells you, please consult an attorney (better safe than sorry). You can find an attorney that deals with elder care in your area or you can consult the Department of Elder Affairs for your state and they may be able to help you.

Advertisement

Here are a couple of excerpts from an Elder Care site:

As your parents age, they may spend a few months or more in a long-term care facility. Thanks to parental support laws, also known as "filial support," you could be on the hook for unpaid bills they leave behind.
These laws allow long-term care providers to pursue payment from a parent's adult children in 29 states and Puerto Rico.
"Filial responsibility laws traditionally have rarely been enforced," he says. (But, do we know when they will or will not?)

Here are some links to sites that have information on what you are facing.

info.legalzoom.com/can-held-responsible-nursing-home...

www.nolo.com/.../your-obligation-pay-parents-nursing...

www.foxbusiness.com/.../are-responsible-for-mom-nursing-home...

Reply Was this helpful? Yes
June 7, 20170 found this helpful

Most definitely consult with an attorney. Also keep a strict account of everything you do involving this POA. They most likely will not come after your personal account, but having said this, by keeping a strict account and record of everything you do with this POA involvement, you are covering yourself in the event of any of this coming into question.

Advertisement

My mom ended up in a difficult situation and was being sued because of a POA. It was only because she had kept strict record of everything that it went nowhere and was eventually tossed out of court. Believe me when I say it can have the potential to get messy if there all of a sudden is someone whom objects to proceedings. So here it is again... Consult attorney & keep strict record

Reply Was this helpful? Yes
June 14, 20170 found this helpful

Lots of a great advice here. Be mindful of many creditors will try to convince you that it is your responsibility and try to get you to transfer responsibility to yourself. Sometimes, they even negotiate lower amounts that you can pay for debts that aren't your responsibility in the first place. Getting the right legal advice upfront can save you a lot of headaches in the long run.

Reply Was this helpful? Yes
July 15, 20170 found this helpful

The nursing home doesn't go after anything. But SS, Medicare and Medicaid are a different story. If your names are both on something, yes, they can look at it.

Advertisement

Get an attorney. Often though, depending on his level of care needed, it may be better to keep him in his own home and have in home help.

Reply Was this helpful? Yes

Add your voice! Click below to answer. ThriftyFun is powered by your wisdom!

In This Article
Categories
Business and Legal Legal General AdviceJune 6, 2017
Pages
More
🎃
Halloween Ideas!
Facebook
Pinterest
YouTube
Instagram
Contests!
Newsletters
Ask a Question
Share a Post
Categories
Better LivingBudget & FinanceBusiness and LegalComputersConsumer AdviceCraftsEducationEntertainmentFood and RecipesHealth & BeautyHolidays and PartiesHome and GardenMake Your OwnOrganizingParentingPetsPhotosTravel and RecreationWeddings
Published by ThriftyFun.

Desktop Page | View Mobile

Disclaimer | Privacy Policy | Contact Us

© 1997-2019 by Cumuli, Inc. All Rights Reserved.

Generated 2019/10/02 07:58:47 in 1 secs. ⛅️️
Loading Something Awesome!