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luvUmom4ever Asked July 2022

Can a POA be held financially accountable for the principle's private pay stay in a long term care facility when not paid by Medicare?

gladimhere Jul 2022
Is this a rehab stay after a qualifying hospital stay of three nights? Medicare will pay for 21 days, then maybe a portion up to 100 days. Medicare never pays for long term care.

POA if admit forms are not signed correctly can be held responsible for the cost.

jemfleming Jul 2022
No - acting as POA, provided you are legally designated in that role, does not obligate the POA to be responsible for expenses of the person for which you are serving as POA. Ask the attorney who drew up the POA documents how you should sign. Typically you sign the patient’s name followed by the words “by
(POA’s signature), POA/Agent. That way you are exercising your authority to sign for the patient but are not obligating yourself. NEVER sign any personal guarantees!

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ACaringDaughter Jul 2022
Do not sign any personal guarantees. (They push you to do this).

Llamalover47 Jul 2022
luvUmom4ever: In re Power of Attorney, the "attorney-in-fact" or "agent" is not required to pay the principal's long term care bill out of the agent's pocket.

NancyIS Jul 2022
It may be necessary to draw down or sell assets to pay for the facility. If the principle cannot afford to pay for the facility they are in, and family members will not contribute to pay for it, the POA should look for a facility that the principle can afford. The principle should apply for Medicaid if needed. Consult with an attorney who specializes in elder law.

Taarna Jul 2022
No! The POA is acting on the behalf of person he/she is POA for. Never sign any document that implies you personally accept responsibility for financial arrangements made on behalf of another. Always sign as POA. Ask a local lawyer what is the proper way to sign that shows you are POA and not personally responsible. Always pay any bills as POA from the funds of the person you are POA for. Never pay from your own funds (even if you reimburse yourself later) since it implies you have accepted financial responsibility.

mstrbill Jul 2022
Filial laws are not enforced except potentially in extreme situations. By that I mean potentially if children are very wealthy, but if children were wealthy they would likely pay anyway

AlvaDeer Jul 2022
If the POA signed as POA only then the POA is not responsible for the bills, but the RESIDENT IS. So the POA will have to use the elder's funds to pay for the elder's bills. As POA.
As far as filial law it has somewhat passed into myth at this point. I have never witnessed it used other than in the VERY RARE news article where a child was forced to help with care if that child is quite wealthy. And as I said. RARE. Rare as hen's teeth.

KaleyBug Jul 2022
If you are POA for a parent yes you could be regardless of being a POA or not. Over 50% of US states have a “Filial responsibility law” You need to check if your state has this law in affect, and how often do they have situations where this is enforced. It is rare they do from my understanding if you are not financially able to manage their bills.
geddyupgo Jul 2022
Thank you for this information. It is apparently still in current NJ law although in my experience it was not invoked, perhaps because of the income status of our residents and families. Apparently, it does not apply to children over the age of 55 but this indicates the importance of children who have DPoA to sign everything using that title.
Jamesj Jul 2022
As long as you did not personally sign as being responsible. You have to make sure to sign everything as POA so that they cannot come after you personally.

JoAnn29 Jul 2022
Medicare never pays for longterm care. If the principle has run out of money, then Medicaid is applied for. Even children are not responsible for parents.
KPWCSC Jul 2022
While Medicare does not pay for LTC, it does pay for LTC facilities for rehab, etc. under the right conditions. It appears that is what the OP is referring to.
MeDolly Jul 2022
No, make certain everything is signed "POA for whoever"

gladimhere Jul 2022
Whenever signing anything sign the patient's name "by Jane Doe, POA for patient's name"

Then, you are not held personally responsible for the patient's bill.

If you signed your own name contact an attorney to see if there is a way out.

mstrbill Jul 2022
No, not as far as personally responsible out of own funds. POA is responsible for handling the financials of the resident however, so POA must use resident's funds to pay, and all of the resident's money must be used for her/his care or benefit.

BarbBrooklyn Jul 2022
The POA is not financially responsible unless s/he signs with their own name as "financially responsible".

Sign nothing you don't understand.

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