I am the DPOA and signed her rental agreement. I signed as the responsible party because my mother who was 94 at the time and had dementia wasn't able to sign. After living there for about 3 months and after several falls and trips to the ER a doctor wrote an order for nursing home. The assisted living facility charged us $5000 due to "extra care" my mother needed the last month she was there. However, she did not return after the last fall and we never got any sort of refund from the 10 days left in that month that she wasn't there. Now they are trying to get an additional $2500 from me because I signed as the responsible party. I never signed anything saying that I was personally financially responsible. I only signed because I am the DPOA. Now my mother is on Medi-Cal and has no assets, so they are trying to get money from me.
I finally got an itemized bill...and another. So after another phone call, all was ok and acceptable. About 2 months later, I got another additional bill...no explanation again. I'm starting to wonder if they send these out in hopes that the elderly just opens their wallet......in any case, I threw that one away, since they had already told me she was paid up and no further funds were due.
So make a phone call, refuse to pay, or ask what the extra care was for. Honestly, for as much money as these places charge ($10 a day for diapers when they should have been taking her to the bathroom but just left her in bed!) vs. the care they get- then they come after YOU..nah. I wouldn't pay it.
I hope you read anything you signed very carefully.
My understanding is that a facility agrees to take what Medicaid/MediCal gives them when they accept a patient who has that coverage. You or she would be getting a notice from them (MediCal) if you could be liable for extra charges. It sounds to me like the ALF needs to cease and desist, but you may need to consult an elder care lawyer.
That is going to be central as to what can be done. You do have a copy of the contract and all the paperwork?
Now if you signed as "Jane Jones Smith as DPOA for Mary Ann Jones" or Jane Smith in her limited capacity as DPOA for Mary Jones" then you personally are not responsible but you mom is from whatever funds she has. If she is on Medicaid - like what MediCal probably is - then mom is impoverished and the AL if out of luck.
But if you signed off as "Jane Smith" then you have signed off to be personally responsible for any bills.
Now whether the AL goes after you will be dependent on many factors. The biggest factor is the amount…if it's a nominal amount, maybe under 1K really isn't worthwhile for the AL to turn it over to collections. THose bills seem to be that they hound you by sending bills with late fees for several months. It will likely go on your credit report but no future legal issues. But for anything with a comma in it, and several thousand, those are worth them doing and getting a judgement against you so they can attach your bank account or garnish wages if you are still working at worst or turning it over to collection. The collection agencies are relentless.
BTW mom's SS income cannot be garnished, attached, etc by creditors as SS is federally protected from having this done.
If you don't have the contract, then you are going to have to send a fax or registered letter to them to have a copy sent to you. They can charge you for doing this too….really they can.
For others reading this, it is very important that you get a copy of every page of any admissions paperwork whether for NH, AL, IL or hospital. My mom's at NH # 1 was about 2 dz pages and her current NH # 2 was 15 pages. Don't leave or give them a check or deposit until you get a copy of every single page. At NH costing between 5K to 15K a month, this contract could very well be more than whatever the mortgage on your home ever was.
In case additional information might help that possible "someone" ... I know you wrote that you signed as the responsible party on the rental agreement ... but did you sign your own name (full stop), or your own name with a string of text immediately after your signature along the lines of "as POA for [your mother's name]" or "signing as POA for [your mother's name]"?
Also, it might be helpful for someone more knowledgeable than I to know what state the ALF is in, and whether you live in the same state?
Again, I hope someone with some experience in this sort of matter will chime in here ... and I wish you the best of luck with what sounds like an extremely frustrating and stressful situation, and I appreciate your bringing it to the board, because I might have a chance to learn something here, too.
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