Asked almost 4 years ago - Phoenix, AZ
Flag
If someone has a family member (or even just a friend) who has a dementia and needs to be in a facility, is it legally safe for the person to sign any paperwork? Concern is FINANCIAL liability--it seems that the person signing should be either the AD person, the spouse who is on the hook financially anyway, or at least someone who has a durable financial POA. Otherwise it appears that the facility might be able to claim the person who signs is somehow financially liable.
Who can safely (without obligating himself) sign a person in? Could the physician do it?
It is illegal under Federal law for any facility that participates in the Medicaid or Medicare programs to ask a third party to guarantee payment on a nursing home contract as a condition of entry or continued stay in the facility. However, many facilities do not follow this and have "responsible party" provisions in the contracts which can create personal liability for the person who signs the contract, including a POA. the facilities then claim that you agreed to do this voluntarily and then sue.
Don't speak legalese? We define thousands of terms in plain English.
Browse our legal dictionary