My mom was in rehab. The assisted living kept pressuring me to drop a deposit. They pro-rated her rent for April 2024. Well she never left rehab until May.
In the meantime, she realized she couldn't afford $8,700 a month. So she told them she decided to go south where it would only be $4,000 a month. She let facility know. And she has never been in this particular assisted living.
Now they're going after me for the money. Do I have a leg to stand on because I had no POA.
Never ever sign anything that you do not understand, if you are her DPOA then you would have signed it as her POA, not just your name.
I wish people would stop agreeing to be DPOA if they have no clue as to what they are doing or are in for.
If one doesn't understand then they need to go to an attorney BEFORE becoming a POA or signing anything.
You need legal help time to lawyer up as not knowing carries no weight, especially today with the internet, one can google anything.
At one point one of his "bills" came to our home (not HIS home), while he was still in the facility. I immediately called the business office and asked WHY we had received a bill for his care when he wasn't even supposed to be charged for care (Medicare was covering him 100% at the time) and it was sent to OUR home and he did not live there. They gave me the runaround - DH is the POA - we send to the POA - I said "yes, DH is the POA once it is invoked - but there is NO invoked POA - and there should not be a bill. There should be NOTHING coming to DH that is billable - if you want to send something - you can send a invoice stamped "THIS IS NOT A BILL" but if we get another one of these that appears to be a bill I will be in your office the next time with his legal documents and the copies of what my FIL signed when he was admitted".
We did get further documents - but every one was stamped "NOT A BILL".
This is a cautionary tale - you never sign your own name on anything. If you are the POA, if you are signing - you indicate that you are signing FOR the primary.
You need to get an elder law attorney involved. Hopefully they can help you find a loophole.
I get you! I've been asked to sign all sorts of documents too. Assisted living contract, account bills making me personally responsible.. Even when my LO was deemed competent. No POA even in existance, let alone legally active! I NEVER sign.
I had to go 'Grey Rock' in a office once when pressured. Just sat & stared until they gave up.
Yes, you signed you would be responsible for the cost of her care, you are now responsible. Yes, get a lawyer.
I am POA for my uncle in NYS. I have been told to only have the residents address on forms with facilities and hospitals You can call or form a letter to resind any information given. Also make clear you are not and will not have personal responsibility of any invoices of your loved one.
If you signed as the party responsible then you signed, whether you are POA or not. A POA would have known to sign the name of your mom and added "by __________(your name) as POA.
You have sadly now provided a good warning to others.
Do see an elder law attorney at once. You will find options for getting out of this.