Legal Question in Credit and Debt Law in Pennsylvania
My daughter, that lives in Pa. met my mother ( her grandmother) at my mother's discharge to a skilled nursing facility near her and they said she had to sign a paper that said she would be financially responsibility for any bills not covered by insurance. My daughter did not have financial power of attorney and the facility knew that but needed someone to sign her in. My question is two parts. Should the hospital ask, who is financially responsibile or can they just make whoever brings the person in sign a paper saying they will? In an emergency, who is going to not sign? The facility would not accept my mom from the hospital into skilled care unless my daughter signed that paper. My mother had insurance but there were high copays now totally approx $1200.00 for her stay which has to be paid. I thought that the person that was the Financial POA was responsible and the facility should have asked who that was and gotten a copy of the POA faxed to them immediately and not put my daughter in that position. My sister was the POA for financial at the time. The bill has not been paid. Can the hospital turn my daughter into a collection agency because she signed in my mother? She can't pay this bill? What can I do to prevent that from happening while I am trying to get the money to pay for my mother's bill? Can you help and if ever in a situation like this again, what should one do if they take someone to the hospital or a loved one needs to be signed into skilled nursing and they say they have to have someone sign the person in and be the responsible party. If you know somone else has Financial POA what would you tell the facility? Any help would be appreciated. I don't want my daughter's credit to be damaged when she just wanted to get my mom admitted to the facility which she was sent to directly from the hospital.
1 Answer from Attorneys
Your daughter should not have signed. Does your mother have a health care power of attorney? That is who should have signed. The health care agent is the one with the power unless the financial power of attorney also deals with this issue. If so, then it was the financial agent's duty to sign.
In either case, your daughter should have gotten on the phone with the appropriate agent and got the Agent to sign in her capacity as agent. Next time, get the hospital patient coordinator (or whatever label they go by) to get these arrangements worked out BEFORE your mother is sent to a skilled nursing center to make sure that an affordable place is found. There are usually more than one in the area (depends on where your mother is at). I am not sure why this was not done here. Check out the county or state department on aging - they often can direct you to resources as well.
As I said, your mother should have a separate health care power of attorney, although, it might be provided for already in her financial power. I would have to see the document to know for sure. If it is not, then she needs to make one. Is your mother mentally competent at this time? If not, then she will need someone to be guardian of her person. The person who wants to be guardian of your mother's person would apply to the court in the county/state of your mother's residence.
Regarding the bill now, the nursing home will not care as long as somebody pays. Try to get as much together as you can. Get the arrangements in writing and try to make a sizeable downpayment (say 50% of the bill) and pay off the rest in monthly installments. Get an agreement that the nursing home will not send the debt to collections if it is being paid. However, understand that the nursing home is not a bank. They may not accept arrangements. In that case, borrow the funds or use a credit card if you have one.
I can help for a reasonable fee, but since this is now in your daughter's name, I need to enter into a representation with her. The family can then make sure that the money is sent in as directed in any agreement.
Since your sister is financial POA, what is she willing to do or not do at this juncture? What resources does your mother have? I understand about the bill, but your mother or her assets need to be used to satisfy this if possible sice this was her bill.
Rachel Hunter
Attorney at Law
(678)-687-9693
Admitted in GA, PA & NC
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