My husband is unable to visit due to Covid...they want lots of paperwork signed as my father-in-Law has Dementia...what does my Husband need to be aware of before signing paperwork on behalf of his Father?
He needs to sign nothing that he is a responsible party. Hopefully he has POA. If so, he needs to give the NH a copy and when he signs anything put POA after his name. Children cannot be held responsible for a parents debt.
Do not sign any papers guaranteed payment if he he should still be there after the Medicare coverage. Tell them it is to early to sign something that far out. My brother had my mom sign this paper. After the Medicare ran out my dad had to pay $50,000 upfront. She came out two weeks later dad only received $3,000 back.
Sign only as a POA and not as the one who guarantees payment. Also, look carefully at what happens to FIL when he is considered "ready" to leave rehab. Will they help with a memory care placement or is that your responsibility.
READ it carefully, every word! Sometimes the "legalese" can be confusing or deceptive. If there are ANY questions, have EC atty review it.
Although FIL has dementia, how far along is he? Has he been declared incompetent? If not, HE should sign the documents, not DH. If he isn't competent, someone else has to sign, but since you are dealing with the VA, note that NO federal entities accept POAs other than their own. If DH doesn't have any POAs, he should ensure he's not signing away your future!
If any case, especially beware the sections regarding payments/reimbursements. I would ask the atty, but no POA perhaps sign something like "John Doe - personal NON-financial representative for Peter Doe" They may not like it, but too bad, so sad. It might be good to include a letter stating clearly that no one has financial responsibility for Peter Doe. Send it in with all the documents, CERTIFIED RETURN RECEIPT.
"Financial Liability Generally, an agent may admit an incompetent principal for needed nursing home care without incurring personal, financial liability. Medical power of attorneys often stipulate that the agent is not responsible for the principal's medical bills. Therefore, an agent generally should not have to personally guarantee the cost of a principal's admission to a nursing home. Agents should be careful to make this clear when dealing with nursing homes. This should also be noted in writing if the agent signs any documents for a principal's admission to an assisted health care facility."
Financial "obligations" seem to generally be the biggest issue when signing for someone else. You are NOT financially responsible for FIL and it should be made clear on the documents (make copies for yourselves after signing!)
If rehab is for a given time, what is their plan for him after he completes it or is moved along because he is either non-compliant or not improving (generally this is a Medicare issue, but I could see them doing the same in the VA rehabs)?
First of all, why was he in the hospital and then rehab? Where does he live? Alone or with someone? Does he have mental and physical issues? Do NOT sign anything that would involve you financially. Will he need care when he comes home? What kind of care? Who will provide this, etc. You say he has dementia - so please do not, repeat, do NOT bring him home as his behavior will impact your life in a terrible manner. Insist he cannot come home and he must go to a facility. Check with the doctors, social service, Office on Aging, all the professionals - do NOT sign agreeing to anything - he needs to be placed and you need to be safe. If need be, seek an eldercare attorney's advice.
Does your husband have the POA. If yes, then he should write "as POA" beside his signature each time. That way he will not be financially responsible for any fees or charges.
If no POA then he should not sign anything about being financially responsible. I honesty don’t know how the admitting process goes at this point. You should discuss this with the facility before hand.
Imho, you would be doing yourself a favor by retaining an elder law attorney before signing anything, especially any documents that would hold YOU financially responsible. YOU do not pay for your husband's father's medical needs at all. Prayers sent.
Hopefully he has a POA and signs as the instructions with the POA document indicate.
Although FIL has dementia, how far along is he? Has he been declared incompetent? If not, HE should sign the documents, not DH. If he isn't competent, someone else has to sign, but since you are dealing with the VA, note that NO federal entities accept POAs other than their own. If DH doesn't have any POAs, he should ensure he's not signing away your future!
If any case, especially beware the sections regarding payments/reimbursements. I would ask the atty, but no POA perhaps sign something like "John Doe - personal NON-financial representative for Peter Doe" They may not like it, but too bad, so sad. It might be good to include a letter stating clearly that no one has financial responsibility for Peter Doe. Send it in with all the documents, CERTIFIED RETURN RECEIPT.
https://legalbeagle.com/12718094-can-you-admit-someone-to-a-nursing-home-with-medical-power-of-attorney.html
"Financial Liability
Generally, an agent may admit an incompetent principal for needed nursing home care without incurring personal, financial liability. Medical power of attorneys often stipulate that the agent is not responsible for the principal's medical bills. Therefore, an agent generally should not have to personally guarantee the cost of a principal's admission to a nursing home. Agents should be careful to make this clear when dealing with nursing homes. This should also be noted in writing if the agent signs any documents for a principal's admission to an assisted health care facility."
Financial "obligations" seem to generally be the biggest issue when signing for someone else. You are NOT financially responsible for FIL and it should be made clear on the documents (make copies for yourselves after signing!)
If rehab is for a given time, what is their plan for him after he completes it or is moved along because he is either non-compliant or not improving (generally this is a Medicare issue, but I could see them doing the same in the VA rehabs)?
If no POA then he should not sign anything about being financially responsible. I honesty don’t know how the admitting process goes at this point. You should discuss this with the facility before hand.