My friend is in a nursing home in CA. His physician has informed Social Security that he is not competent to take care of his finances. The only bill that he has is for the care facility and I help him make a check out for that each month. But he has an outstanding balance at the facility that he has been paying on. I would like for him to keep the responsibility of paying this bill with my help. But I do not want to be responsible for any outstanding bill if something should happen to him. The bill got past due when they failed to take him to the bank and did not mail a statement. The facility is currently under the DOJ and has many complaints against them. They take his whole check minus $35 for his personal needs. He really is competent in taking care of this one bill each month. He just gets confused sometimes on the date. I tell him what he owes, write the check and he signs it. I am currently his POA but let him keep the dignity of whatever he wants to handle.
Please advise me if I would be responsible for his debts and what I can do to help him. Thank you very much, Brenda
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You cannot use the $35 personal allowance for debt. See an attorney if you have shared finances over the years. Does he have a will, instructing you to pay off his debts with assets? Then, yes, you will be held responsible out of his estate.
Don't get afraid, take care of this with the right legal advice and financial planning.
Would you be able to take on the huge responsibility of medical decisions? Looks like a transfer to another NH is in order?
As for the NH debt, get him signed up for Medicaid, if he is not already. A NH has a number of designated beds for Medicaid, put him on a waiting list, find him a NH with a Medicaid bed, it should cover the retroactive debt with the nursing home, Imo. Maybe that is why the DOJ is looking into this NH. Is this SS his only income and asset?
Here is a note to all those caring rep-payees out there: A rep-payee is only responsible for managing the SS income. You need a POA for other income.
This may be handled unspoken for awhile, while the patient is cooperative with you. But there may come a time when your hands will be tied to help if you don't also have POA. I'm just guessing here, wish I was an attorney.