My Mom is in SNF and her 100-day Medicare stay is up. She needs to be discharged home, but needs assistance. Can I be held liable?

Asked by

She is not ready to live at home with (almost) 24/7 care. She needs at least 1 person assisting her to transfer to/from bed to wheelchair, etc. If something fatal happens to her at home, can I be held liable? (Thinking my siblings would try to file a lawsuit against me, holding me responsible). I am not POA and I did not sign Mom's discharge paperwork.

Answers 1 to 2 of 2
Well she can stay longer but she will be billed the entire amount. Her care is now considered as nursing home. Any future rehab such as PT will be limited per her Medicare policy. If she cannot be discharged home then someone from the family needs to shop around where she will live or if she will have home services which sounds like 24/7. Did your receive notice either several days or weeks before the 100 days? Your could have worked this out sooner.

If no one has POA then the facility will take it to the probate courts to assign POA, be it a family member or a professional. That person may help her apply for Medicade, sell the house, empty contents. If it goes to court, maybe your of one of the sibs will request to take over the appointment. It will certainly take the responsibility off of your hands if you do not want it plus the court appointment should not make you liable for a lawsuit...only to the courts if funds are misappropriated by the appointee.   You did the right thing by not signing her discharge papers until this is resolved since Yo u are not planning to take care of her.
Thanks, yea, we've been working on all that. Thx.

Share your answer

Please enter your Answer

Ask a Question

Reach thousands of elder care experts and family caregivers
Get answers in 10 minutes or less
Receive personalized caregiving advice and support