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My husband is unable to visit due to Covid...they want lots of paperwork signed as my father-in-Law has Dementia...what does my Husband need to be aware of before signing paperwork on behalf of his Father?
He needs to sign nothing that he is a responsible party. Hopefully he has POA. If so, he needs to give the NH a copy and when he signs anything put POA after his name. Children cannot be held responsible for a parents debt.
Do not sign any papers guaranteed payment if he he should still be there after the Medicare coverage. Tell them it is to early to sign something that far out. My brother had my mom sign this paper. After the Medicare ran out my dad had to pay $50,000 upfront. She came out two weeks later dad only received $3,000 back.
Sign only as a POA and not as the one who guarantees payment. Also, look carefully at what happens to FIL when he is considered "ready" to leave rehab. Will they help with a memory care placement or is that your responsibility.
READ it carefully, every word! Sometimes the "legalese" can be confusing or deceptive. If there are ANY questions, have EC atty review it.
Although FIL has dementia, how far along is he? Has he been declared incompetent? If not, HE should sign the documents, not DH. If he isn't competent, someone else has to sign, but since you are dealing with the VA, note that NO federal entities accept POAs other than their own. If DH doesn't have any POAs, he should ensure he's not signing away your future!
If any case, especially beware the sections regarding payments/reimbursements. I would ask the atty, but no POA perhaps sign something like "John Doe - personal NON-financial representative for Peter Doe" They may not like it, but too bad, so sad. It might be good to include a letter stating clearly that no one has financial responsibility for Peter Doe. Send it in with all the documents, CERTIFIED RETURN RECEIPT.
"Financial Liability Generally, an agent may admit an incompetent principal for needed nursing home care without incurring personal, financial liability. Medical power of attorneys often stipulate that the agent is not responsible for the principal's medical bills. Therefore, an agent generally should not have to personally guarantee the cost of a principal's admission to a nursing home. Agents should be careful to make this clear when dealing with nursing homes. This should also be noted in writing if the agent signs any documents for a principal's admission to an assisted health care facility."
Financial "obligations" seem to generally be the biggest issue when signing for someone else. You are NOT financially responsible for FIL and it should be made clear on the documents (make copies for yourselves after signing!)
If rehab is for a given time, what is their plan for him after he completes it or is moved along because he is either non-compliant or not improving (generally this is a Medicare issue, but I could see them doing the same in the VA rehabs)?
First of all, why was he in the hospital and then rehab? Where does he live? Alone or with someone? Does he have mental and physical issues? Do NOT sign anything that would involve you financially. Will he need care when he comes home? What kind of care? Who will provide this, etc. You say he has dementia - so please do not, repeat, do NOT bring him home as his behavior will impact your life in a terrible manner. Insist he cannot come home and he must go to a facility. Check with the doctors, social service, Office on Aging, all the professionals - do NOT sign agreeing to anything - he needs to be placed and you need to be safe. If need be, seek an eldercare attorney's advice.
Imho, you would be doing yourself a favor by retaining an elder law attorney before signing anything, especially any documents that would hold YOU financially responsible. YOU do not pay for your husband's father's medical needs at all. Prayers sent.
Does your husband have the POA. If yes, then he should write "as POA" beside his signature each time. That way he will not be financially responsible for any fees or charges.
If no POA then he should not sign anything about being financially responsible. I honesty don’t know how the admitting process goes at this point. You should discuss this with the facility before hand.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
Hopefully he has a POA and signs as the instructions with the POA document indicate.
Although FIL has dementia, how far along is he? Has he been declared incompetent? If not, HE should sign the documents, not DH. If he isn't competent, someone else has to sign, but since you are dealing with the VA, note that NO federal entities accept POAs other than their own. If DH doesn't have any POAs, he should ensure he's not signing away your future!
If any case, especially beware the sections regarding payments/reimbursements. I would ask the atty, but no POA perhaps sign something like "John Doe - personal NON-financial representative for Peter Doe" They may not like it, but too bad, so sad. It might be good to include a letter stating clearly that no one has financial responsibility for Peter Doe. Send it in with all the documents, CERTIFIED RETURN RECEIPT.
https://legalbeagle.com/12718094-can-you-admit-someone-to-a-nursing-home-with-medical-power-of-attorney.html
"Financial Liability
Generally, an agent may admit an incompetent principal for needed nursing home care without incurring personal, financial liability. Medical power of attorneys often stipulate that the agent is not responsible for the principal's medical bills. Therefore, an agent generally should not have to personally guarantee the cost of a principal's admission to a nursing home. Agents should be careful to make this clear when dealing with nursing homes. This should also be noted in writing if the agent signs any documents for a principal's admission to an assisted health care facility."
Financial "obligations" seem to generally be the biggest issue when signing for someone else. You are NOT financially responsible for FIL and it should be made clear on the documents (make copies for yourselves after signing!)
If rehab is for a given time, what is their plan for him after he completes it or is moved along because he is either non-compliant or not improving (generally this is a Medicare issue, but I could see them doing the same in the VA rehabs)?
If no POA then he should not sign anything about being financially responsible. I honesty don’t know how the admitting process goes at this point. You should discuss this with the facility before hand.