Why am I financially responsible for my Mother, when she's in a SNF if she goes broke and Medicaid deems her unqualified?

Question

Why am I financially responsible for my Mother, when she's in a SNF if she goes broke and Medicaid deems her unqualified?

Follow

Share

I just signed all paperwork at the SNHF, where my Mother is being admitted next week. In the paperwork, there was a page that said I was responsible for unpaid amounts. I'm uncomfortable with this! Is this common and part of the POA's responsibility?

Financial Planning

This question has been closed for answers. Ask a New Question.

26 Answers

Most
Helpful Newest
First Oldest
First

WHY DID YOU SIGN IT?? I know why you did, but it's so important for everyone to understand that, when in your position, you REFUSE to sign it other than as POA for mom, so that its MOM signing it.

I would talk to an attorney asap. Dave may be right. Don't admit her. Do not believe what anyone at the NF tells you. What you signed speaks for itself.

Please don't misunderstand my first sentence. That was written for everyone. We're unsure when presented with forms like that. "Omg!! What should I do???" The only answer is NOT to sign your own name unless you are prepared to pay.

Helpful Answer (9)

Report

I found written documentation supporting that I do not have to sign for her debt. So, I called the facility the next business day and said I wanted to have the contract resigned by my Mother. They said the papers had to be signed- for her to be admitted, but they agreed to have the whole contract resigned once my Mother is there. I followed up with an email, so I would have proof of our agreement to resign. I hope this works out and will know more tomorrow. The holiday messed things up!

Helpful Answer (5)

Report

No! Do not sign anything that says you accept personal responsibility for payment of any of her expenses. Some nursing facilities will try to get you to sign these things. If you do sign the papers, then legally you will be responsible. You are not personally responsible unless they try to call in the filial responsibility laws that many states have. Most states with these laws do not currently enforce them.

Did Medicaid tell you why she could not qualify?

Helpful Answer (4)

Report

YOU just signed all paperwork at the SNHF, where my Mother is being admitted next week. In the paperwork, there was a page that said I was responsible for unpaid amounts ----

You are now financially responsible for your Mother, when she's in the SNHF if she goes broke and Medicaid deems her unqualified

Maybe the choice is getting her into a different NH and not signing your life away

Helpful Answer (4)

Report

lamama, You must sign, as the DPOA, but you must always and everywhere write DPOA after your signature. That is how you protect yourself. Even when she goes broke and you apply for Medicaid, you sign the application and write DPOA after your name.

Helpful Answer (4)

Report

It is in the facility's best interest to have you sign, so they certainly aren't going to give up just because you expressed disinterest.

In some states you have a certain period of time in which you can rescind a contract. If you come to your senses the day after your "free demo" and conclude you don't really need a $2,000 vacuum cleaner you can cancel, for example. I have no idea if something like that might apply here.

Helpful Answer (3)

Report

If I'm in a situation in which I'm asked (or told) to sign something with which I'm not comfortable, I say that I want to discuss it with my attorney. Unfortunately, that usually provokes panic and the other party states that everything has to be signed today, etc. Then I say, "well, I guess we won't be doing business with you" and prepare to leave. Then that usually provokes a backing off position, but it's still an iffy gamble.

Unless you added "pursuant to DPOA dated ....., 20xx" after your name, I would think you're liable. Why is it done? To ensure that someone's on the hook for their costs.

As others have suggested, I would read the rest of the application/contract today, see what the cancellation terms are, and cancel it ASAP, but also find another place as quickly as you can.

Or you could state something to the effect that you were under pressure when you signed and didn't realize that you would be committing for her care, personally. But since then (a) don't have the resources to pay, (b) you have consulted an attorney, and (c) therefore (and this is important as well) you would be committing to perform actions for which you lack the financial resources. I believe there's a financial "lacking capacity" legal construct that would come into play in this situation.

This could actually be construed as not having the requisite legal intent to honestly execute the documents since you knew or should have known that you couldn't pay for the care. It might even be construed as fraud.

Tell them that if you have to; it might shake them up.

Alternately, ask them what other methods of payment exist since you personally have no way of paying for the care.

Helpful Answer (3)

Report

My husband was admitted to a nursing home in "Medicaid pending status." My husband's social worker explained that before admitting my husband, the NH would carefully review my and my husband's financial status and estimate whether they could take the risk of admitting him. I signed for his admission because I could no longer take care of my husband. I never received a decision from Medicaid. Only after my husband's death four months later, did I receive a PAID bill from the nursing home stating that Medicaid had paid. I'm not advising anyone to take the risk I did. I had no choice. The stress of the situation took a toll on my health.

Helpful Answer (3)

Report

lamama, I can understand how you feel as this is usually our first rodeo and we tend to trust the people handing us the paperwork to sign. I know when I was signing for my Mom for her long-term-care, as her POA, and it came to the page regarding payment, the Admin said that I would not be responsible personally for any costs regarding my Mom. Whew.

The way I look at it, if you sign LaMama/POA that means you are signing for your Mother, and not for yourself.

And I understand the "what ifs" and your concern about future payments if your Mom runs out of money. Right there "runs out of money" should help your Mom qualify for Medicaid.

Helpful Answer (2)

Report

Good job, Lamama!

Helpful Answer (2)

Report

See All Answers

This question has been closed for answers. Ask a New Question.

Why am I financially responsible for my Mother, when she's in a SNF if she goes broke and Medicaid deems her unqualified?

26 Answers

Recent Questions

Popular Questions

Related Questions