My mother is combative with dementia and ended up in the hospital. She is unable to walk and can barely transfer. The hospital wanted to send her back home. She does not own a home and does not live with us. The hospital downgraded her status to observation within 12 hours of her stay. They finally found a facility to take her . My concern is the admission paperwork they sent wants us to sign as a representative. Red flags everywhere and even though they say it’s only because she has dementia I’m afraid I will be hit with all her medical bills not covered by Medicare A. She will qualify for Medicaid after admission. Should I sign and admit her?
If possible, have it reviewed by an atty - do NOT let them rush you!
If possible, have your mother sign it.
SEE THIS:
https://www.elderlawanswers.com/am-i-financially-liable-if-i-sign-a-nursing-home-agreement-for-someone-else-15051
Follow the links they have in it - there are examples and more detail!
There are warnings in this article about "signing as representative" and that some NHs will sneak in questionable wording. Since you don't have POA, I would be VERY hesitant to sign ANYTHING they are asking you to sign. Them saying Oh it's just standard stuff doesn't cut it.
AND
get a copy of each and every page of all admissions paperwork!
It will be quite the Stack of paper. Get every page.
You can strike out items and initial by those lines or paragraphs. Admissions will not be happy if you do this. So you have to be able to hold your ground on this. I assume you have a valid DPOA.
also please please realize if she applies for LTC Medicaid, she will be required to have basically all her monthly income to be paid to the NH as her copay as of day of her Medicaid application. She will have a small needs allowance- maybe $50 or $60 each mo - and it will kinda be just enough for on site beauty shoppe. So if she has any debts, she will default on them. If she has a home or car, she can continue to own those as exempt assets but she will have no $ to pay a penny on either..... & imho if there’s home or car, you as Dpoa / family / heirs need to make a clear decision to either keep her owing them to beyond her death or sell them before Medicaid LTC gets applied for. LTC Medicaid in almost all states have a maximum of 2k in non exempt assets. So if she has over $2,000 in the bank, she will have to do a legit for Medicaid spend down before Medicaid will have her eligible. Medicaid can require 5 years of her finances to review to see if there r any $ impropriety. Good luck.
Then have the Home Admissions Person Sign it.
Do this before you sign your mom's name by your name.
If they won't do it then you don't do it.
They have already agreed to the Hospital to take your mom and they will have to keep her
Currently your Mom is on her own, I am assuming, with no legal representative to file for medicaid, and no one to sign for a Nursing Home.
A social worker can get legal temporary guardianship for you with a phone call to a judge, so it is on them. If I was not her POA I would not sign. They have no choice then but to get a temporary guardian. Do know if that person is not YOU , that you have no rights to advocate for her.
I have been the Responsible Party for two people within the past few years, neither of which I am related to. One has passed the other is still living. The Responsible Party is NOT liable for medical bills. If the person qualifies for Medicaid that covers everything and whether or not one qualifies depends on that person's assets. She's already qualified so there is no question about that.
The term Responsible Party simply means that you are responsible for making certain decisions about the patient, in this case, a parent. It's especially essential for a dementia patient because they can't make good decisions for themselves. Because of a law that was designed to protect the privacy of patients, otherwise known as the Health Insurance Portability and Accountability Act, or HIPAA , being the Responsible Party actually gives you rights to access to your mother's medical records, and the authority to make decisions on your mother's behalf, that could otherwise be denied you, even if you are a relative.
As the Responsible Party, I receive notifications anytime the patient I am responsible for develops any concerning symptoms. The facility also consults me anytime the patient's condition changes. If you are not listed as a Responsible Party the facility is under no obligation to share medical information with you, in fact, just the opposite.
Again, the Patient Representative is not the same as Legal Power of Attorney. Legal POA gives you control over the patients estate and finances in addition to making other medical decisions. You don't get control over finances and/or the estate as the PR though you will be given the right to obtain patient records and to make decisions regarding your mother's care. Without those rights you pretty much give up most control over what happens to your mother, and can be denied access to medical records. You will not be responsible for her medical bills since she qualifies for Medicaid. If you want to be included in decisions about your mother's care and the quality of that care, you will need to be her PR, which despite the name, gives you more rights without taking anything from you. Consult with a local Ombudsman if you still need further clarification. Each nursing facility contracts with the local Ombudsman program and should be able to provide you with the contact information for that.
See All Answers