Follow
Share

When my mom had her stroke last spring, I got healthcare POA over her. She's currently in a nursing home. A family member tried to convince me to get durable POA over her (which would include financial POA) when she was in the hospital last spring after I'd gotten the healthcare POA. I ignored their advice as I felt I needed to consult with an attorney with anything financial related and I was fearful a durable POA, since it would include the financial aspect of things, could possibly/somehow create a situation where the hospital or nursing home, etc., might seek me out for billing.



My mom has no money or income/assets or insurance and is in the nursing home she's in under a charity program that is paying for her bed basically.



I have an appointment with a local elder firm soon to discuss durable POA and the 'risks'. In the meantime my question is - does anyone know if having financial POA creates more 'risk' for me in terms of healthcare institutions seeking me to bill for any future care of my mom's? Does the healthcare POA create a similar risk in any aspect/s?



Has anyone here been sought after for payment on healthcare related expenses as a result of being health care and/or financial POA for someone?

This question has been closed for answers. Ask a New Question.
Find Care & Housing
I was healthcare & financial POA for both of my parents for 10+ years and was NEVER billed one red cent for ANY of their medical care, AL bills, funerals, rehab stays, nothing.

A medical power of attorney — also known as a health care proxy or health care agent — is someone who makes health care decisions for the principal if they're incapacitated. It's their job to ensure a senior's wishes, as stated in their advanced directive or living will, are upheld in case of end-of-life care.

A general POA, sometimes called a financial power of attorney, gives an agent power to: Sign documents on the senior's behalf. Open or close bank accounts and withdraw funds. Buy and sell property, real estate, and assets.

I had my name on my parents' bank accounts which enabled me to sign checks FOR them, on their behalf, to close their accounts out when they passed, etc.
Helpful Answer (7)
Report
PsalmsTestimony Jan 2023
Thanks for your response. I had a friend of a friend that's an attorney that recently told me he'd seen people who had general POA be sued and sought after for collection by hospitals and that he'd seen it a lot. He was warning me not to consider financial POA because it could increase my risk of being sought after for future medical expenses if say there were future hospital admittances. I did think this was very strange, and of course, I have an appointment with a local elder care firm to discuss. I am trying to understand how this could have happened unless somehow the people this attorney was referring to have signed other paperwork (non POA related) that held them accountable financially.
(4)
Report
PsalmsTestimony, SS doesn't recognize DPOA, you would have to become her representative payee.

You are in more danger of being responsible for her debt if you sign anything without being her DPOA. You need to read every word of anything you sign. Most documents for services have hidden in the wording that by signing you accept financial responsibility. So you would sign as POA for mom and not just you to protect yourself from being responsible.
Helpful Answer (7)
Report
AnnReid Jan 2023
In my state, my POA presented with a geriatric psychiatrist’s letter declaring my LO to be incapable of managing her personal finances allowed me to become her “designated payee” AND more important, have her SS check direct deposited into a checking account that was used SOLELY to pay ALL of her bills.

The checking account was in her name and the names of her 2 POAs.

Perfect record keeping, because NO expenses could be written against “her” account without being overseen by both POAs.
(0)
Report
See 1 more reply
Meet with the attorney, because you don't understand how a POA works.

You have zero personal financial responsibility for the person for whom you hold POA, but you shouldn't take on the responsibilities if you don't understand them.
Helpful Answer (6)
Report

I think that you may know too little about POA to take this on. First of all, with no finances, and no monies, there is nothing to manage. Whatever your Mother has now will go to her care, and the State will supply the rest. She doesn't really need a POA and I am uncertain why you would want this.
Moreover, unless your Mother is completely mentally competent she can no longer confer upon someone a POA. This is done by a mentally well person, asking another person to manage ALL finances and keep track of every penny in and every penny out, and it is done when they are well for future needs. So it is too late to get Mom to give you POA. You would have to go for guardianship. And why would you? Do you have a reason to want this? Do you feel capable of keeping track of all the finances.
When you are guardian or trustee or POA you sign all papers as POA. So basically you are acting for the person as their POA or their Trustee or their Guardian. But you are not financially responsible for their care. Their own assets, which you manage for them, go to their own care and you keep records of it all.
An attorney will happily explain all of this to you. There is no reason I can see for you to have any of this while your mother is in care, her care is being paid for, and you already are managing her medical decisions for her.
I wish you the best. I was POA and Trustee for my brother. It is a BIG job and you have a lot of time on the phone and arranging things. It isn't to be taken on lightly. I wouldn't want to do this job for anyone again.
When your Mother passes you may be executor or her will or she may have appointed someone else. There will likely be no assets and what assets she had may go to pay back medicaid of whatever governmental agency paid for her care. She likely won't even have a probate to be filed.
I wish you the best.
Helpful Answer (5)
Report
PsalmsTestimony Jan 2023
My mother is pending disability (SSDI) and once that comes through, I want to be responsible for (have control of) handling those funds. Why? Because there is a very small (unlikely but still may occur) chance that she may live with me and receive in-home caregiving OR go into an assisted living facility. In either of those cases I would need control of those disability funds to support paying for her care. If she were to get the funds directly, the money would be wasted every month.

True that I do know little about this which is why I'm seeking information and as mentioned, do already have a call set up with a local elder care firm.
(6)
Report
See 1 more reply
You're not taking on any legal ownership of debt with a POA. However from my own experience, once someone has your name, they LOVE to throw your name on the bills even though it is not legal for them to do so. Whenever I see one show up with my name on it (other than mailing address) I have to nip it in the bud immediately and remind them to take my name OFF as the billed party as I am just handling the finances on behalf of my Dad. They've been good to do this, but his nursing home has done this twice to me so far. They have so much turnover that there is no continuity but I at least have an email from their parent company's finance office with me in copy directing the facility to remove me. You have to be diligent. I've now stopped paying bills other than his cell phone as he has no money and only gets to keep $73 a month, the medical bills they can turn over to collections or write off. Doesn't affect him in any way, he won't be needing a loan any time soon and if he needs ambulance transport to the hospital, they can't turn him away even if he owes them money.
Helpful Answer (4)
Report

Everyone is correct on here on what a financial POA does. My concern is if the stroke caused your mom some diminished mental capacity you may be prevented from getting a financial POA. Your mom has to be cognizant in order to sign for the POA but not sure what the rules are for the healthcare POA since you already have that. If your mom understands what she is signing, all is good but if she cannot sign documents or could not be considered mentally aware, this would prevent you from getting the POA as a lawyer would never want to put him/herself in a position of creating one under those circumstances. My mom had a stroke and had to be in a nursing home and thank goodness I had obtained the POA well before this occurred. I too was worried about my financial culpability from the nursing home and other medical entities if her monies could not pay for her services but there is no worry there as they cannot come after you at all. I do agree with the person who said you would not necessarily need it if there were no funds but you left out the detail of pending disability SSI and for that a POA would be useful. Also if the monies are deposited into an account you should also make sure your name is on that account as payable upon death. You can do this after getting the financial POA. And it is true you must be meticulous about keeping notes on how the money is spent else there could be consequences to you. The other poster is right, all of this not a job we ever want but sometimes we gotta do what we gotta do. Best of luck to you.
Helpful Answer (4)
Report

I have been durable POA for 5 people. I have never been billed for anything personally. I sign documents as POA for Mary Smith.
Helpful Answer (3)
Report

If your mother is seeking SSDI, what is her age? It's because she can no longer work due to a medical condition. Also because she has no money, apply for Medicaid since she has limited income and resources.

I took care of my the age 92 to 93-year-old mother back in 2012 to 13 with durable POA to pay bills on her behalf and Never got Billed with her expenses. She got Medicaid to pay her expenses. I was not financially responsible for her final legal or medical expenses because OR State where Mom lived will eventually get repaid after I leave my condo or pass away. Much more humane than the State of CA. The only financial responsibility left is a small promissory note against the CA condo where she once lived with me before nursing home in OR near my brother.

I hope you by now seeked counsel with an eldercare attorney about your mother's situation. Remember, you are never responsible for your mother's expenses. It comes from her Medicaid assistance and estate after her death. If no funds left, the State eats her final expenses, Not You.
Helpful Answer (3)
Report

Financial POA only gives me “permission” to act on my moms behalf when it comes to finances. My mom doesn’t have two nickels to rub together. In no way, shape or form am I or will I ever be responsible for paying her bills with my money. Debt collectors will tell you differently. I’ve been receiving bills for over a year (she lived with me for the first year of Covid)-each one gets ripped in half and thrown out.
Helpful Answer (3)
Report

Psalms, search Google for laws governing POA in SC. This will help you understand what it is, how you are expected to operate and what authority you have and much more. It is pretty easy reading and you can look up the definition to legal words you aren't sure of.

I, personally, think that everyone should read the state laws that govern POAs for their state, because you are accountable to that law and ignorance is no excuse for breaking those laws.
Helpful Answer (3)
Report

See All Answers
This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter