San Antonio, TX asked in Elder Law for Texas

Q: If someone is incapable of filling out papers who is responsible for bill? The person filling papers out or the patient?

My mom signed the papers for her sister to be put in nursing home. Who is responsible for bill?

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1 Lawyer Answer
Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
Answered
  • Elder Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: If she signed as "agent," her sister, the principal, is responsible. If she signed as "responsible party," the nursing home will try to argue that she is. This is an all-too-common scam: nursing homes would much prefer to receive the higher private pay rate from family members than the lower Medicaid rate for which the vast majority of residents are eligible, sooner or later. Ask a local elder lawyer to talk to the lawyer representing the nursing home. You can find one using the Find-a-Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)

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