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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.

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Badger37, my Dad had me take over his bill paying as he didn't want to fool with it any more. Lucky me :P

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".
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I can see the hospital doctors not doing this, he really is not their patient but why not his PCP or take him to a Neurologist. Can they at least say he needs 24/7 care at this point.

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 I would keep ur statement showing the amount was withdrawn with the check copy and then his statement showing you reimbursed yourself.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.
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It might be prudent to lend him the money, with a documented loan, have him make the payment now, and then have him repay it to you in due course. Having him make the payment copes with some of CM's worries. Put some interest on the loan if you want to make it look more formal. This is not without a trap, if he is competent now but not competent when it is time to repay it, but I think running into trouble on that is unlikely. If it is a substantial sum, it might be worth getting a lawyer to draw up the loan document.
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There was never any reimbursement for me, and every time I visited my loved one, it cost me what I could not afford. But I was not the POA.

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.
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The doctors don't agree that he is unable to make decisions about his care? Or they have just declined to give you any sort of certification, on the grounds that it's not their job?

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.
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I suggest having a neuro-psych testing done to confirm the cognitive decline. In the interim perhaps supportive services could be set up in the home. I would discuss with the hospital social worker and with your area agency on aging. Depending what state you are in, this is difficult time to adjust to assisted living. If the cognitive decline is severe, assisted living may not offer sufficient level of care and a more specialized memory care unit should be sought.
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Get a neuropsych consult while he is in hospital. Doctor should be able to evaluate him and determine competency. You might not like the answer if your dad is not at that stage yet. There should be a neurophysiologist on hospital staff. This is a PhD. If not, get a neurologist to see him. Tell his doctor you are requesting the consult and he can do it.

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.
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It might be better to send him to a rehab facility until you can procure the needed documentation. Insurance usually covers for a certain amount of days for rehab. This will allow you the necessary time. You may have a legal problem with reimbursing yourself after the fact. It may appear as fraud.
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I don’t know but others will. Stick around for answers. Best wishes to you.
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Countrymouse's post was spot on! Thank you, Cm.
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