I have a springing financial POA and am trying to have my dad discharged from the hospital to an assisted living facility. He has dementia and is unable to make decisions for his care. The doctors won’t write a note for me stating that. So I cannot activate the POA yet. I need to make a deposit for the assisted living place and it may be some time for me to get letters from physicians. Can I pay for his care myself initially and then reimburse myself once I have access to his funds? I know guardians can get reimbursed but I am not sure about Financial POAs.
Although my FIL was making bad decisions, he initially only tested as having cognitive impairment. I had to wait til his vascular dementia progressed. Sometimes, especially with that type, they seem pretty intact but decision making, problem solving and judgment can be really impaired. So he seemed better to doctors and casual observers than he was.
When it was time for Dad to hire caregivers from an Agency, the Agency only took auto pull from a credit card or checking account. So, I had them pull from my checking account as I knew there was enough to cover the cost, compared to my Dad's checking account. Then my Dad would reimburse me from another account that he had. Did the same when my Dad needed to go into senior living.
Keep really good records. I used a 3-ring binder, and for each bill that I paid, I made a copy of that bill with a copy of my check. Then when Dad reimbursed me, I made a copy of that check and placed it with the copy of the bill/my check. That way, if later down the road my Dad would have needed to sign up for Medicaid [which is different from Medicare], I would have proof those checks Dad gave me weren't "gifts".
Ultimately, and due to Covid, I had to stop visiting and helping.
I was not going to fight with his greedy family as they neglected him.
The expenses come up. And to continue to function on behalf of your person, it is easier and more expedient to pay as you go. But avoid this.
I suggest you wait, hold back, because something will come up as you work in the background for your Dad. It takes a little more time for the system to do it right. The AL may even waive the deposit if you can negotiate, they do not want to lose a client, imo.
Just an idea for you, I could be wrong.
I would say yes to your question. Just keep good records and sign everything as his POA. Then when you reimburse yourself, take a picture of the check with reimbursement on the memo line. Everyone excepted my POA without a Dr saying my POA was in effect. They could see Mom was not with it.
If Medicaid is needed within the next 5 years, you will need to show what the amount you pulled out of his account was for. I would keep ur statement showing the amount was withdrawn with the check copy and then his statement showing you reimbursed yourself. There should be no problem because the money is being used for his care.
If they don't agree that your father is not legally competent, then your father must pay the deposit for the ALF. Has he refused to, or have you not discussed this with him?
When you act with power of attorney, you can reimburse yourself for payments you have made on behalf of your principal. But if the principal has not agreed to whatever it is you're paying for, and even more so if he has actually refused it, you might be on thin ice there and I should tread carefully.