Can Power of Attorney be forced to pay grandmother's nursing home bill?

by **gwen** » Wed Dec 21, 2011 5:42 am

I am my grandmother's power of attorney. She is in a nursing home after a hospital visit revealed her back pain and inability to walk properly was due to a stabilized pressure fracture. She went for rehab, and her cognitive abilities have diminished. She has become worse and now can no longer walk, feed herself and is incontinent. The nursing home social worker stated that they in no way believe she can be home and told me she needed to stay longer than the 21 (I think it was 21) days that medicare pays for. I explained to them that a family member, her former POA drained her of assets and she has nothing. I certainly have nothing and have to work full time to pay for the nothing I have. They said not to worry, they'd fill out papers and she'd get financial assistance and I just needed to sign some papers to let them do that. Three months later, I got a letter in the mail saying she was "denied Medical Assistance" from social services. The next day, I got a letter from the nursing home stating that I had signed the 'Financial Agreement' letter identifying me as the responsible party for her account, which now has a balance due over $8,000. They want to know if I'd like to arrange a payment plan.
When I signed all those papers, I specifically asked the young girl if any of them identified me as a responsible party for her bills there and they said that Maryland law stated I cannot be forced to sign such a paper. I re-iterated both my grandmother's and my own financial situation and she assured me I would not be held responsible in any way. So... I'm flabbergasted! Any one have any ideas? Please help. I've already been to the hospital for a panic attack associated with receiving this letter. I'm so stressed out I can't even think straight! Please, any one have any advice?????

by **wilbart** » Wed Dec 21, 2011 5:51 am

I am my grandmother's power of attorney. She is in a nursing home after a hospital visit revealed her back pain and inability to walk properly was due to a stabilized pressure fracture. She went for rehab, and her cognitive abilities have diminished. She has become worse and now can no longer walk, feed herself and is incontinent. The nursing home social worker stated that they in no way believe she can be home and told me she needed to stay longer than the 21 (I think it was 21) days that medicare pays for. I explained to them that a family member, her former POA drained her of assets and she has nothing. I certainly have nothing and have to work full time to pay for the nothing I have. They said not to worry, they'd fill out papers and she'd get financial assistance and I just needed to sign some papers to let them do that. Three months later, I got a letter in the mail saying she was "denied Medical Assistance" from social services. The next day, I got a letter from the nursing home stating that I had signed the 'Financial Agreement' letter identifying me as the responsible party for her account, which now has a balance due over $8,000. They want to know if I'd like to arrange a payment plan.
When I signed all those papers, I specifically asked the young girl if any of them identified me as a responsible party for her bills there and they said that Maryland law stated I cannot be forced to sign such a paper. I re-iterated both my grandmother's and my own financial situation and she assured me I would not be held responsible in any way. So... I'm flabbergasted! Any one have any ideas? Please help. I've already been to the hospital for a panic attack associated with receiving this letter. I'm so stressed out I can't even think straight! Please, any one have any advice?????

There are a lot of idiots answering your question that don't know what they're talking about. Luckily for you, I actually do.

You are NOT financially responsible for your grandmother's care. The paper you signed did NOT make you the person who has to pay the bill with your own money. However if your grandmother is incapacitated then you are responsible for HER finances and responsible for arranging your grandmother's affairs so the nursing home can be paid. That's all that means. Please don't have another panic attack.

Federal law says that you can NOT be held financially responsible for your grandmother's care. You have a legal responsibility to ensure that HER funds are used appropriately, but you cannot be made to pay her bill.

If your grandmother was denied medical assistance, it's because she has too much money. In order to qualify, she will first need to spend down her assets to a certain level. I don't know what that is in Maryland but it's usually around $7,000 to $10,000. Once her bank account hits that minimum she will go on Medicaid. Call the nursing home and set up a meeting with the billing coordinator to discuss what you need to do to make this happen. It is your responsibility to do this part, but you're not on the hook for the bill.

by **muata2** » Wed Dec 21, 2011 5:53 am

Why didn't you read the papers instead of asking someone what they said? Nobody here can answer your question without seeing what you've signed. Do you have copies of what you signed? If so, take them to a lawyer and ask.

by **zacchaeus21** » Wed Dec 21, 2011 5:56 am

Lets say you are going to buy a car from me and you ask me how much the car will cost and I tell you $5000. So you sign the paper. Then after you sign it, it turns out the paper said $10,000. Guess what the price of the car was?

When you sign a document/contract/legal paper it is what is on the paper that counts. What is in writing is what counts. No matter what they TOLD you, it is what is on the paper. If you did not read the paper and just took their word for it, then you made an $8000 mistake and you are going to have to pay it.

First thing you need to do is read all the papers you signed. I bet one of them is an agreement by you to pay the bill. You signed it, you pay it....

Never sign a document again without reading and understanding it....

by **edin** » Wed Dec 21, 2011 5:59 am

Did you sign a financial responsibility agreement or didn't you? Never mind what song and dance they gave you at the time. If you did, and I'm willing to bet that it was part of the nursing home's admission form, you need to contact a lawyer or legal aid or a social worker to see a) why grandmother was denied assistance and b) if there is a way out of your financial obligation.

by **ryscford** » Wed Dec 21, 2011 6:11 am

You should resign your power of attorney because you clearly don't know enough to execute your duties properly.

First up, nobody is denied Medicaid unless they have assets. If your grandma has assets then those assets can be used for her care. There is no two ways here. Either your grandma has assets that disqualify her or not. If she has assets then the nursing home can be paid.

I would tell the nursing home since they did the paperwork to tell you what assets your grandma has so you can use them to pay her bills. That is what you are supposed to do by law. The nursing home can't have it both ways.

by **adin55** » Wed Dec 21, 2011 6:20 am

You must have agreed to be financially responsible for her. She was denied Medicaid and has no other way to pay for nursing care which costs $5000 a month without Medicaid. Her bank account cannot be more than $2000 to qualify for Medicaid, so you have to take $6000 out and give it to the nursing home, then they will help her qualify for Medicaid, and you wont have to pay out any more because when you are in a nursing home on Medicaid, they get her Social Security check to pay for her care.

Medicare does NOT pay for the hospital 100% longer than 20 days, from 21-100 days, she would have a co-insurance but since it is determined that she must be in residential skilled nursing facility,and Medicare does not cover that, it is Medicaid or cash. They are helping you get her eligible for Medicaid by spending down to $2000.

by **bing49** » Wed Dec 21, 2011 6:24 am

If you signed a paper that says you are the responsible party, yes, they can bill you and expect you to pay the bill.

No-one forced you to sign the papers. By your own story you did that all on your own, quite voluntarily. It is YOUR responsibility to know what you are signing. You should have read all of the paperwork before signing any of it. And, you probably didn't have to sign any of it at all. After all you are not the one being admitted to the facility.

What you probably need now is a lawyer.

Good luck.

by **wattekinson86** » Wed Dec 21, 2011 6:28 am

The poster here who said you are not personally financialky responsible is right. You said the prior person with POA drained her assets. If that happened inside the last two years that it why she was denied Medicaid. She will eligible for Medicaid two years after the last of her assets were taken.

Meanwhile an attorney needs to sort this out. Obviously the nursing home has to be paid. The prior POA violated their responsibility and needs to pay...

by **menw** » Wed Dec 21, 2011 6:37 am

The poster here who said you are not personally financialky responsible is right. You said the prior person with POA drained her assets. If that happened inside the last two years that it why she was denied Medicaid. She will eligible for Medicaid two years after the last of her assets were taken.

Meanwhile an attorney needs to sort this out. Obviously the nursing home has to be paid. The prior POA violated their responsibility and needs to pay...

Once you take responsibility as Power of Attorney, you are responsible for all her bills and care. My wife had power of attorney of her grandmother and she had to make sure ALL her bills were paid and that she was well cared for until she passed.
Now each state maybe different in their laws, so if I was you I would contact the lawyer or who ever in your area that knows about power of attorney. You can also work out a payment arrangement too!

Advertisments:

Sponsor Links: