Legal Question in Elder Law in Georgia

My mother is facing going into a nursing home. Does this mean she will have to sell her home, and all assets? and also will I be responsable for my parents credit card debt if i have power of attorney.


Asked on 6/25/10, 11:00 am

1 Answer from Attorneys

Not necessarily. Each state has Medicaid rules which outline what assets she can keep. I am not familiar with the Georgia Medicaid rules if your mother is in Georgia. I also do not know what other assets she has, what the house is worth (whether mortgaged or owned free and clear) or if she is married. And I cannot speak to you regarding your mother's problems for ethical reasons, but since you have a power of attorney, I suggest that you consult an elder care attorney in the state where your mother is located. There are attorneys who specialize in elder care/health law and Medicaid planning. They will be able to more thoroughly review your mother's assets.

Even if your mother's home is exempt now, each of the states has a recovery provision that is mandatory. It may be that your mother's estate will be responsible for the debt when your mother passes. It is impossible to know how much this will be as we do not know when your mother will pass. It might make more sense for you to come up with another arrangement.

You are not responsible for your parents' credit card debt just because you have a power of attorney. However, you might obligate yourself by signing in your own name. I suggest that you sign all documents, when acting as power of attorney as follows:

"/signed/ John Doe, as attorney-in-fact-for Jane Doe" or words to this effect. You want to make it absolutely clear to anyone that you are signing on behalf of your parents as attorney in fact under the power of attorney and not for yourself. This is especially important if you plan on sticking your mother in a nursing home.

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Answered on 6/25/10, 4:03 pm


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