Unfortunately my 66-year-old sister is having to go into a nursing home. This is going to happen immediately and we are not financially ready because she has not filed for Medicare or Social Security and I am her only sibling and trying to get her financial affairs in order but can’t do it fast enough. If I go ahead and help pay for the nursing home, does that make me liable in the future?
Be careful not to sign anything as "responsible party" and cross those words out wherever they appear in the resident's agreement and any associated documents. If your sister cannot sign an promissory note, promissing to repay you, the months for which you pay may be a gift. It is very likely that your sister will need Medicaid (Medicare is healh insurance; Medicaid helps with nursing home and other long term care). Apply as soon as she is admitted. (Hopefully she has named you her agent under a Durable Power of Attorney and you can access her finances and records.) Medicaid backpays for up to three months. When the application is approved, ask the nursing home for a refund.
Every state administers Medicaid a little differently. You might want to consult with an elder law attorney. You can find one near you using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org).
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.
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