I am POA and mom needs a nursing home. I will not sign saying I'll pay if Medicaid rejects her later. Will they not admit her?

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TME0128 Asked August 2024

I am POA and mom needs a nursing home. I will not sign saying I'll pay if Medicaid rejects her later. Will they not admit her?

I am POA for my mom and will need to sign admission paperwork for her to get into the nursing home. However, what happens if I refuse to sign separate paperwork saying I'll pay the Medicaid penalty if she's rejected by Medicaid the first time while she's in the nursing home? Will they then tell me she can't be admitted since I am refusing to sign? I truly appreciate your responses. Thank you.

Elder Law Forms & Documents Power of Attorney (POA) Skilled Nursing Facility

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score 15 · Answer 1

You sign as POA. That means you will pay YOUR MOTHER'S assets, such as they are, not YOUR ASSETS. You should never sign as yourself and as the party who will pay. Mom will pay or no one will pay. So you sign your mother's name, followed by yours as POA. For instance, in my mother is named Olga I sign "Olga Deer by Alvadeer as POA".

Helpful Answer (15)

I agree. We had to call a lawyer for this each time my mother was admitted to a rehab facility after three falls (breaking something each time) within two-month period. Each facility was confusing with their meetings and paperwork, but I don't care how much aggravation it may cause the facility, this is not only your loved one's money, but your own family's money. We need to protect ourselves and our old age money, too, or we end up causing our children the same problems we are having now. Is that like if you are in an aircraft emergency when flying that they tell you to put your own mask on first so you can help your children put on theirs or else you run out of air before you can help them? Ha! At any rate, we make difficult decisions as caregivers and have to make sure we are not depriving ourselves or our spouse and our loved ones who depend on our decisions.

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score 9 · Answer 2

Those that tell you to do anything except seek the advice of an elder law attorney are putting you in peril. Get a Lawyer!

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score 9 · Answer 3

You don't have to assume your mother's debts. Don't let any nursing home administration staff talk you into believing that you have to take pesonal financial responsibility if Medicaid doesn't pay up right away. You don't have to.

Look over any and all paperwork thoroughly before signing anything and always sign as her POA.

You sign no document with your name only that puts you on the hook financially for anything.

If I were you, I'd talk to the state's Ombudsman's Office and tell them what the nursing home is trying to pull on you.

Helpful Answer (9)

Thank you for this information.

How do you know that an adult-child (or POA) doesn't have to take on financial responsibility if Medicaid doesn't pay?

I think she needs to speak to an attorney - show them all the paperwork.

I'm not sure that Ombudsman can offer legal advice, even if they know the laws. It can't hurt to call them, too. I've worked with them although it was dealing with nursing home issues - that needed to be reported to the nursing home licensing board. Ombudsman was very helpful. Gena

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score 8 · Answer 4

Do not agree to anything without checking with a lawyer first. Ignorance is not a defense.

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score 5 · Answer 5

I've heard to sign like this: Your Name, POA for Mom's Name. And make sure they give you a copy.

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That's our elderlaw/estate planning attorney told me to do for my late husband. One place when this was important was when he inherited some money from his widowed, deceased mother. Both the firm where her mother had her money invested (it was in a different state) and the firm where I invested that money needed it.

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score 5 · Answer 6

TME0128, "I was told that there's a separate form that they try to get you to sign to agree that I will pay the bill if she can't." Who told you? My MIL was in 2 separate facilities here in MN and we never saw such a form. But if you do come across it, definitely DO NOT sign that one personally. Do they accept Medicaid recipients? Do they have open beds? You may want to talk to an estate planner or Medicaid Planner for your Mom's home state so that you will know what to do before it gets down to the wire. If they won't accept her then you will need to go someplace else, like a faith-based facility.

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score 4 · Answer 7

Facility wants to make sure some type of payment is in place, so as not to have to deal with this issue at a later time.

It is a business, first and foremost.

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True (for once), so don't sign except marking it as POA.

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score 3 · Answer 8

You would sign as her POA, not personally.

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Yes I know, but since I am the POA, I was told that there's a separate form that they try to get you to sign to agree that I will pay the bill if she can't.

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score 2 · Answer 9

All signatures to be checked via your legal rep and tell the legal rep your concerns
don’t guess where money n legal occur

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I am POA and mom needs a nursing home. I will not sign saying I'll pay if Medicaid rejects her later. Will they not admit her?

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