I have P.O.A. for my Dad and I am on all his bank accounts and pay all his bills etc. If he goes into a nursing home can they also come after my own personal bank accounts?
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No. Don't worry about that.
There are a lot of questions here and I would advise you to see an elder care attorney in your state before saying you would not be held responsible.
Does your Dad have private/personal money to pay his expenses in a nursing home? Does he have property that can be sold or held to pay for any overages for his care treatment? Will he be under Medicare (can/may only qualify for Medicare benefits if sent to nursing home from a hospital)? If his money and Medicare runs out, will he have to go under the Medicaid program?
Not every state is the same but many have these laws on their books and can institute them anytime they feel it necessary.
You need an attorney to advise you on all of these things (for your state) and also to review any contract forms from a nursing home BEFORE you place your Dad in their care.
So, what is the legal answer to your question? I believe it can be said that the nursing home will not go after your personal bank account (immediately). But no one but an attorney can say they cannot sue you for any amount of money that is spent on his care.
I did have something else that i wanted to share but, no matter what anyone tells you, please consult an attorney (better safe than sorry). You can find an attorney that deals with elder care in your area or you can consult the Department of Elder Affairs for your state and they may be able to help you.
Here are a couple of excerpts from an Elder Care site:
As your parents age, they may spend a few months or more in a long-term care facility. Thanks to parental support laws, also known as "filial support," you could be on the hook for unpaid bills they leave behind.
Here are some links to sites that have information on what you are facing.
info.legalzoom.com/
www.nolo.com/
www.foxbusiness.com/
Most definitely consult with an attorney. Also keep a strict account of everything you do involving this POA. They most likely will not come after your personal account, but having said this, by keeping a strict account and record of everything you do with this POA involvement, you are covering yourself in the event of any of this coming into question. My mom ended up in a difficult situation and was being sued because of a POA.
Lots of a great advice here. Be mindful of many creditors will try to convince you that it is your responsibility and try to get you to transfer responsibility to yourself. Sometimes, they even negotiate lower amounts that you can pay for debts that aren't your responsibility in the first place.
The nursing home doesn't go after anything. But SS, Medicare and Medicaid are a different story. If your names are both on something, yes, they can look at it. Get an attorney. Often though, depending on his level of care needed, it may be better to keep him in his own home and have in home help.
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