WHO PAYS?

We have family members ask all the time “If I am Mom’s POA, would I have to pay for her nursing home bill if she can’t anymore?” Many of the agreements signed in the admission process, contain language that imposes the duty to make payments on responsible parties, or legal representatives should the resident be unable to make payment. We have even seen local nursing homes go after family members for payment.

I would encourage you as a family member, NOT to sign anything that says you agree to be bound for the payment. If there is a contract between you and the facility, stating you will pay – the facility would have a good breach of contract argument. Thankfully, most courts are finding the duty is to make payment from resident’s resources as the representative, not make payment with your own money. That being said, it’s scary – be careful!

Lauren Ellerman

Lauren Ellerman

In 2011, Lauren Ellerman was named "Young Lawyer of the Year" by the Roanoke Bar Association for her work in the community. To speak with Lauren about your personal injury case, contact her at lellerman@frithlawfirm.com.