Follow
Share

Mom with dementia can sign her name presently. However, as her disease progresses, this may not remain true. I have POA for both legal and healthcare purposes. Would this make me legally responsible for her bill if she was unable to sign herself into the hospital in the event she had to be admitted?

This question has been closed for answers. Ask a New Question.
Find Care & Housing
I would think that your mother would be responsible for the bill and you could use her money to pay it. Didn't you get your POA through a lawyer, he could clairfy for you.
Helpful Answer (3)
Report

you can call your Attorney or the Court clerk to explain how your situation has been set up.
I am conservator/POA for my adult disabled son for 'Person" only, therefore I assume no responsibility for any estate or finances incurred.
Helpful Answer (2)
Report

GASouthern, credit card companies KNOW that the person whose name is on the credit card is the only one liable for their credit card debts. But they also know that if they approach the deceased person's family, most likely they will pay it off - not knowing that they are Not Obligated to pay for their parent's debts. I have heard that they sometimes harrass the loved one's grieving spouse or grown children. One credit card company was so persistent, that Clark Howard of HLN News had to go to the top to finally get it to stop.
Helpful Answer (2)
Report

I always ask that before I sign, just incase. As a power of attorney I think you're only responsible for paying the money from her estate. You don't have to use your money. But if you transfer her money to your accounts things get muddled and you could get into trouble. Keep things separate and pretend someone is looking over your shoulder, because they might be.
Helpful Answer (1)
Report

What I understand if you sign your name, you can be held financially responsible. However, as POA, you can sign your mother's name, and again if I understand correctly, you mother would be responsible for the bills. Best check with the laws in your state or an attorney.
Helpful Answer (1)
Report

If they had you signed in several places: here, and here, and here...Then I'm 99% sure you just signed on one of those that you will pay for your mom if she is unable to do so. An aquaintance found out that when she took her brother to the ER, she signed everything WITHOUT reading the fine prints. Someone told her that by signing All of it, that she had agreed to pay for her brother's billing if he can't pay. My SIL took her mom to the ER. Her mom got admitted for several months in the hospital. When her mom died, the hospital went after her for the over $40,000 billing. SIL signed the form in the ER. Fortunately, her mom had life insurance - enough to cover the hospital bill but not the rest of her mortgage.

My mom died recently, on the 19th. Older sis from off-island rode on the ambulance with mom (died in her sleep at home.) As she filled the registered papers, she had asked the lady if she would end up paying for mom's expenses (autopsy, use of ER room, etc...) The lady lowered her voice and said not to sign the last one.

As for myself, because I became the main caregiver for both of my 2 bedridden parents 2yrs ago, I knew that I would be the one taking them to the hospital. I Googled the information. I found that the best option is NOT to sign it. The next option is writing, "so-and-so, as representative of..." then my parent's name. I'm not sure if this will apply since I signed the last dotted line!

Also, last year the HLN news reported that some states have passed a law that the hospital (other medical institutions) can go after the children to pay for their parent's medical bills. So, best to check if your state has passed this law.
Helpful Answer (1)
Report

The POA I held for my m-i-l granted me the power to make decisions on her behalf as though she was making them were she able to do so. I could write her checks against her account, but had no personal financial responsibility of my own for paying her debts from my resources. One head's up: the POA her attorney drafter was a durable power of attorney and she intended it to apply to financial and medical decisions that I would make on her behalf, and it read that way. I turns out that although she intended it to cover every decision, there should have been a separate Medical POA document as well as separate end of life directive. Fortunately I was able to make those decisions based on the one POA, but only after showing and explaining the part referring to "any and all decisions" needed on her behalf.
Helpful Answer (1)
Report

I've handled my mother’s finances for the last 6 yrs financially and in the last 4 yrs. medically. I always sign my name as xxxx POA for xxxx. As her POA, I am not responsible for her bills personally. I do pay her bills as if they were my own to make sure her credit etc. are kept in tack, but if her finances were ever depleted, I would have to move her out of her home to a home care or contact Medicaid and make changes. If you ever become the Guardian of a person, then you are held responsible.

bookworm is right about different states going after one's children to get paid. Check the law for your state and make sure all is okay. leeplus3 is also correct - you should have a 2 separate POA’s one for as Admin for to handle your parent(s) finances.

Anyone that does not have Will & Estate/POA etc. will find themselves dealing with a lot of issues. Make sure you have one for yourself. I've talked to a lot of people who think they have nothing to worry about and then find themselves up against the wall as well as their family members.
Helpful Answer (1)
Report

I'm no expert in this, but anytime you sign something as power of attorney for someone else, I would clearly indicate that. In other words

Jeremy Smith, not personally, but
solely as Power of Attorney for Joanna Smith

It's my understanding that there's a big difference in signing personally and as power of attorney and that distinction is made abundantly clear, it should hopefully alleviate any questions. And also, get copies of everything that you sign and keep them in a file regarding your loved one.

Again, I'm no expert, but have seen these before and hope this helps someone.
Helpful Answer (1)
Report

No. You are signing "in place" of your mother. That is all you are doing. A signature does not entail ownership, unless you did something illegal, immoral or dangerous to her. Even though she can "sign" her name at this time, does not make it legal. She has to be "competent" to sign a document and fully understand it. Medicare and other insurances will usually pay for in-hospital stay, but don't worry about it until or IF it happens. Just enjoy her for the time she has left. Best wishes.
Helpful Answer (1)
Report

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