Q: Florida man in hospital ICU for the last 10 days. Hospital wants brother sign on his behalf to get Medicare.
Jacksonville FL - Hospital provided documents for brother to sign, but he hasn't done it yet. (He arrived in town today.) Will he be held liable for anything under this scenario? The patient's prognosis is not good, but he may go to hospice. And of course, there are current hospital bills. Patient turned 65 in June, and has no other health insurance. Also, can the brother sign up for him to receive Social Security benefits? (It's unknown if the patient is currently receiving S.S. payments.) They are lifelong friends of mine. Thanks for your time.
A:
Here are a few key considerations for this situation in Florida:
- The brother should be very cautious about signing any documents on behalf of the patient. He could potentially incur financial liability without proper legal authority.
- In order for the brother to make medical or financial decisions for the patient, he would need some form of legal authorization, such as a power of attorney or guardianship. Without this, he has no legal standing.
- The hospital may be asking him to sign Medicare forms to get reimbursement for care. But the brother should not sign anything without first consulting an attorney.
- If the patient has not yet applied for Medicare, the brother cannot do this on his behalf without proper legal authority.
- The brother can potentially apply to be the patient's representative payee for Social Security benefits if the patient is already receiving them. This allows him to manage the funds on the patient's behalf.
- An attorney should be consulted before the brother signs anything or takes any action on the patient's behalf. The attorney can help navigate how to properly obtain authority to make decisions.
- Until he has legal standing, the brother should not make any medical or financial commitments for the patient that could create liability. An attorney's guidance is highly recommended before proceeding.
The key is getting proper legal authorization before the brother starts acting on the patient's behalf. A Florida healthcare attorney can advise on the best options based on the specific circumstances.
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