Full question:
My mother was in a nursing home in GA. My sister and I were both her responsible parties. My sister was her power of attorney, I never handled any of her funds only my sister had access to them. She misused my mothers funds and ended up oweing the nursing home around $5000.00 she agreed to pay the nursing home owner the money owed, meanwhile I took over as sole responsible party but not power of attorney. She still owes the owner $2100.00 because my mother died last year, and she stopped paying her debt. The owner is now suing me for the money. I do not owe her this money but she says because I was the last responsible party before she died and that I am now liable? Can she do this?
- Category: Debts and Credit
- Date:
- State: Georgia
Answer:
Under federal law, a nursing home cannot require a third party to guarantee payment as a condition for admission or continued stay. However, they can ask someone with legal access to a resident's income to sign a contract to pay from the resident's resources, without making that person personally liable.
A power of attorney allows someone to act on behalf of another person (the principal). The agent must act in the principal's best interest and keep their funds separate. If the agent misuses the principal's funds, they may be held personally liable for any breach of fiduciary duty.
In your case, since you were not the power of attorney and did not handle your mother's funds, you may not be personally liable for the debt your sister incurred. However, as the last responsible party, the nursing home may argue that you have some obligation. It’s advisable to consult a local attorney who can review your specific situation and documents.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.