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anonymous819321 Asked July 2018

Can a nursing home seek payment from a POA who only has authority to make financial and health care decisions?

I moved my mom out of one terrible nursing home and into a new and much better nursing home. The previous facility is sending collection bills to my residence and in my name. I checked my credit and the bill is under my mom's name and SSN#. Nothing is in my name but the billing. Could the collection agency do anything to me?

anonymous819321 Jul 2018
GardenArtist, thank you..I will look it up and print out that information. Thank you too for your help!! :)

GardenArtist Jul 2018
Trena, are you familiar with the Fair Debt Collections Practices Act? If not, google it, read the synopsis of chapters and select the ones that apply to responding to letters from debt collectors.

If you need help, post again.

From what you write, since you didn't sign individually, you're not responsible for the debt.

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anonymous819321 Jul 2018
Isthisrealyreal, yes she has my home address. That is what I thought but I wasn't for sure. The collection agency has been horrible. I have blocked them from my phone. I will do what you suggest and mail a letter. I am sure that it will not help, but I am willing to do that. Thank you sooo much for replying to my question.

Isthisrealyreal Jul 2018
Unless you signed accepting personal financial responsibility, NO, they are harassing you. You would be surprised how many people actually pay these fraudulent bills. If only 1% of the bills are paid it is a wind fall for these companies. Are you moms mailing address? I became my dads mailing address and have had process servers show up. I tell them he doesn't live here and they are nice , just say thank you and walk away, but Oh My. I pay my bills and have never been dunned, it is hard to have to deal with.

These companies will eventually sell that debt to a collection agency, then the fun begins, they will harass you till you are crazy. No scruples, no integrity and no pay unless they get paid. Well worth your time to send a certified letter telling them that your mom is in NH as they well know and there are no funds to pay them. DO NOT give them any of your information beyond what they already have.

Best of luck.

anonymous819321 Jul 2018
For me I am soo confused. I have been told that they can't make me pay anything since I am only allowed to make financial and or health care decisions only. My mom lives in KY and I live in IND. I have all of my paperwork from the bad nursing home that I signed as POA. I have LifeLock and I contacted them once I started getting the bills and was told by them that since I didn't sign anything saying that I would pay that they can't do anything to me. They don't have my ssn#, the billing is under my mom and her ssn#. The one thing that I can say for your daughter is to make sure she keeps all of your paper work. By me keeping everything that my mom gets, I can go back if needed and ask questions or if I have to fight; I will have a leg to stand on.

Randy444 Jul 2018
no but i would like a answer to this question please i am kathy i am going to nursing home in couple years maybe can they take my daughter money it is solely owned like my house. make sure when go tell them intent to come home get this statement notorized as they cant take anything the priest at hospital told me to do this for my dad

Ahmijoy Jul 2018
In most states, for a child to be held accountable for a parent’s bill, all of these things would have to be true:
The parent received care in a state that has a filial responsibility law.
“The parent did not qualify for Medicaid when receiving care.
The parent does not have the money to pay the bill.
The child has the money to pay the bill.
The caregiver chooses to sue the child.”—-from www.nolo.com

This website also advises to enlist the help of an attorney if the facility threatens to sue for the balance. Many attorneys will provide their first consultation at no charge.

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