QUESTION
Assisted living facility in North Carolina wants me to sign papers as legal representative. The papers say that makes me responsible for Dad's expense
Asked on Apr 14th, 2021 on Elder Law - North Carolina
More details to this question:
My Dad was living in a Senior care facility. He fell and was placed in convalescent care in the same facility. He sounded better a few weeks ago. Now the facility says my dad has to stay in their assisted living facility, which is more expensive. My sister was listed as legal representative, but freaked out and is not answering her phone. I have to sign the forms to get my Dad admitted to assisted living by Friday, because his insurance won't pay for more days. The facility told me that I have power of attorney, but this is news to me. I don't want to sign the papers. My Dad has at least 200,000 in resources, maybe 100,000 or which is liquid, but I don't have access to them, and I don't know if he has Medicaid or what his financial numbers are. He is 84. Thanks For Your Help, Sincerely, Dennis Hill
1 ANSWER
2 Awards
This is an old trick. It is illegal. Cross out "legal representative" and "personal representative" wherever they appear and write in "as agent under DPOA" -- if indeed you are. Check with your sister, ask the facility for a copy of the alleged power of attorney and check the deed records. A power of attorney affecting real property must be recorded in the deed records to be valid in that respect. Note that you can always choose anotehr assisted living facility and that the contracts are negotiable.
Answered on Apr 15th, 2021 at 5:25 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.