Admitting a loved one to a nursing home can be very stressful. In addi...Read more
If possible, the resident should sign the agreement him- or herself. If the resident is incapacitated, someone else may sign the agreement. Whether this person is financially responsible depends what the documents say and in what capacity the person signing acts.
To start, the person signing on behalf of the nursing home resident should not be personally liable for the charges unless she signs as guarantor. Nursing homes are prohibited from requiring third parties to guarantee payment of nursing home bills, but many try to get family members to voluntarily agree to pay the bills. Many contracts have a murky provision asking the family member to sign as “responsible party.” In some cases, this has been interpreted as a guarantor and in others as simply the person who will use the resident’s funds to pay the charges. We counsel our clients to make it explicit that they are not signing as guarantor. Often they are signing on behalf of the nursing home resident under a durable power of attorney and they write that after their signature.
Local Elder Law Attorneys in Ashburn, VA
Mindy Felinton concentrates in the areas of Medicaid planning, Veterans' Benefits, asset protection, nursing home planning, elder law, wills, estate planning, trusts, living wills, powers of attorney, probate administration and trust administration and began her legal career 30 years ago as an Assistant State Attorney...
Attorney Samantha Simmons Fredieu is an associate at Hale Ball. Ms. Fredieu graduated magna cum laude from Vermont Law School where she was the symposium editor on the Vermont Law Review, a production editor on the Vermont Journal of Environmental Law, and a member of the Moot Court Advisory Board. She has clerked for...
Judith Mtinick is well known for acting as a guardian, conservator, trustee or agent on behalf of clients or by court appointment. This experience gives her a wide perspective and extensive practical knowledge that she uses when advising clients in drafting their planning documents. Her experience, as a court appointed...
It is important not to rush, but rather to read. If possible, have your attorney review the agreement before signing it because it could contain illegal or misleading provisions.
For more on signing nursing home admission agreements, click here.
For an account of a case that highlights the risk to family members of signing agreements as a "responsible relative," click here.
Medicaid Rules, etc