Are Family Members Responsible for Nursing Home Bills

If you have a power of attorney from your elderly parent or relative that lives in a nursing home, does that mean you can be held liable for nursing home bills? The reply is no, but nursing homes may effort to go later on you lot anyway.

In this post, we will explain the bones police regarding power of attorney grants and liability for nursing home bills.

Who is Responsible for Nursing Dwelling Bills?

Putting your elderly parent or loved i in a nursing home tin be an emotionally draining feel. In addition to the guilt that often comes with this process, the price of living in a nursing dwelling or assisted living facility can be extremely loftier. The average almanac cost of a nursing dwelling facility in the U.Due south. is $105,850. This naturally leads to the question of whether you will potentially exist liable for the bills.

Nursing home contracts are governed by federal regulations. These regulations state that but the "resident" of the nursing home can have straight liability for bills. Moreover, the regulations prohibit facilities from requiring family members of the resident (or other iii^rd parties) to be personally liable for the nursing home bills equally a condition of admission.

As a issue of these regulations, adult children of nursing home residents generally cannot be held responsible for nursing domicile costs. There are, however, some limited exceptions to this.

1. Liability as "Responsible Party"

Some nursing home contracts require children or family members to sign equally the "responsible party" for the elderly resident. The "responsible political party" does non accept direct liability for bills, but they have sure fiduciary-similar obligations to make a reasonable endeavor to make sure that the elderly resident pays their bills.

For example, if the elderly resident runs out of money, the responsible party may accept an obligation to apply for Medicaid on the resident'south behalf. If the responsible party fails to employ for Medicaid, the nursing dwelling can sue for breach of contract in an endeavour to recover unpaid bills.

This is exactly what happened in the 2015 example of Jewish Home Lifecare v. Ast, (NY Sup. Ct. 2015). In that example, a son signed a nursing home contract as the "responsible party" for his female parent. The nursing habitation sued him for unpaid bills claiming that he fraudulently misappropriated the mother's money and so failed to apply for Medicaid on her behalf.

The courtroom held that he could exist liable for alienation of contract as the responsible party. This doesn't happen very often merely considering it's expensive to bring these types of civil lawsuits and the responsible party may not take any money to pay with.

1. Filial Responsibility Laws

Near one-half of united states of america in the U.S. take filial responsibleness laws. These laws essentially obligate adult children to provide certain necessities for their elderly parents such as medical care, food, and housing. These obligations simply utilise, however, when the elderly parent does not qualify for Medicaid.

Although filial responsibility laws exist in thirty states, they are very rarely enforced. The primary reason for this lack of enforcement is that virtually elderly parents who can't pay for their care themselves authorize for Medicaid and eventually receive it.

Is Power of Attorney Responsible for Nursing Home Bills?

If you have a power of attorney to act on behalf of your elderly parent or loved i, the nursing home might effort to become after you lot for any unpaid bills or expenses incurred by the resident. The nursing home representative might even claim that you are personally liable for the bills because you have power of attorney. This is not true. Having a ability of attorney to act on behalf of an elderly nursing dwelling resident does NOT make yous personally liable for their financial obligations, including nursing dwelling house bills.

It is of import people understand this idea considering the last affair we want is loved ones refusing to take over the ability of attorney because they fear they will be personally liable for the medical bills.

The Estate Is Responsible for Nursing Home Bills

While ability of attorney is not liable for nursing home bills, the decedent's estate is.  And so that is a creditor like any other.

What Is a Ability of Chaser?

A power of chaser ("POA") is the name of a legal document in which ane person appoints and authorizes another person (or persons) to deed on their behalf. The person(southward) who is authorized to act is known equally the "chaser-in-fact" and they accept a fiduciary obligation to act in the interest of the other person. There are many different types of POAs, some give limited say-so for the attorney-in-fact to act whiles others give much broader authorization.

If you take a ability of attorney from your elderly parent or friend, it is probably a general ability of attorney that authorizes you to deed on behalf of the elderly person in various legal and financial matters (due east.1000., sign contracts, open bank accounts, etc.).

Power of Attorney and Nursing Home Bills

It is very of import to sympathize that a power of attorney does Not brand the chaser-in-fact personally liable for the debts and obligations of the principal. This is true even for contracts that the attorney-in-fact signs on behalf of the primary. Then if y'all take a power of attorney for your female parent and you sign a contract with the nursing home equally her attorney-in-fact, your mother has the legal obligation nether that contract and non you.

Equally attorney-in-fact for an elderly resident, a nursing home tin ask you to pay bills on behalf of the resident using the resident'southward own money that you lot have control over. In fact, in your role every bit attorney-in-fact for the elderly resident yous are probably obligated (in your role as ability of attorney) to pay those bills from the resident'southward funds and on their behalf. The nursing home cannot, however, demand or force you to assume straight personal responsibility for the bills and pay them out of your ain pocket.

There are specific federal regulations that are prohibit nursing homes from belongings third parties personally liable for bills. If yous have a ability of chaser for an elderly resident, all the nursing home tin can practise is inquire you lot to pay them with the resident's own money:

The facility must not asking or require a third party guarantee of payment to the facility as a condition of admission or expedited admission, or continued stay in the facility. However, the facility may request and require a resident representative who has legal admission to a resident's income or resources available to pay for facility care to sign a contract, without incurring personal fiscal liability, to provide facility payment from the resident's income or resources.

42 CFR § 483(a)(three).

Contact Our Nursing Abode Abuse Lawyers

Nursing home corruption and fail is non limited to overly aggressive billing practices. If you take loved one who has been harmed by negligent or calumniating intendance at a nursing dwelling, contact our nursing home abuse lawyers today at 800-553-8082 or go a gratuitous online consultation.

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Source: https://www.lawsuit-information-center.com/is-power-of-attorney-responsible-for-nursing-home-bills.html

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