Can a Nursing Home Hold Friends or Family Members Responsible For a Resident's Care?
Entrusted Legacy Law
Feb 10, 2023
Pennsylvania - Greater Pittsburgh Area
Email US
Click to Email Us
If your loved one is entering a nursing home, you may worry whether you could be liable for their care. Under federal law, a facility cannot require a family member or friend to co-sign an admission agreement and take on personal liability. However, nursing homes around the country still try to do so, and often these matters end up in court.
What can you do to prevent this from happening to you? It starts with educating yourself on what is and isn't allowed.
A law known as the Federal Nursing Home Reform Law prohibits a nursing home or facility from requiring or asking for a financial guarantee from a third party. Federal regulations regarding Medicare and Medicaid have similar restrictions.
These laws and regulations state that a home cannot have a resident’s family member or friend co-sign an admission agreement to take on financial liability. However, a nursing facility may obtain the signature of the resident’s agent, who has access to the resident’s income or assets, agreeing to use these resources to pay for care. Still, this agreement may not impose personal financial liability on the agent.
Review Before You Sign
If you're assisting a loved one with entering a nursing home, you should carefully review all the admission paperwork before you sign it. Many facilities have unscrupulous practices of using admission agreements that violate federal law or regulations.
You don't have to sign or “volunteer” to sign a financial guarantee that makes you personally responsible. It's incorrect if a nursing home claims a guarantee is necessary because the federal law only applies to Medicaid-eligible individuals. Nursing homes are also not allowed to condition admitting or keeping a person on receipt of a third-party guarantee.
Today, the most common tactic used by nursing homes is an admission agreement that obligates the signor as an agent with supposed control over the resident’s money. These agreements stipulate the agent will apply these resources to the nursing home expenses and apply for Medicaid on the resident’s behalf. Often, the person signing this document doesn’t know how to handle this situation, doesn't have this control, or makes mistakes in the resident’s Medicaid application, causing coverage to be denied.
What follows may be a lawsuit by the nursing home, claiming the agent violated their duties in the agreement and must pay the care costs. Courts have gone both ways on whether these agreements are enforceable, and the agent’s conduct often influences a court’s decision. Egregious conduct can lead to courts ruling in favor of the nursing home. An example is where an agent used the resident’s money for luxury items or other people’s expenses rather than their loved one’s care.
Plan Ahead As Much As Possible
The best action is to plan before nursing home care is necessary. This can put you or your loved ones in a position to be ready to apply for Medicaid should the need arise. At the same time, an aging individual can do proper asset protection planning and avoid look-back periods creditors could otherwise exploit against the resident or an agent.
However, this isn't always possible for many older adults and their family members. Individuals who will take on the responsibility of being an agent should understand what this entails and seek the advice of an elder law attorney in your area before starting the admission process.
Other Articles You May Like
Rehabilitation Services Provided in Skilled Nursing Facilities
Rehabilitation Services Provided in Skilled Nursing FacilitiesRehabilitation services are a cornerstone of skilled nursing facilities (SNFs), designed to help individuals recover from illnesses, injuries, or surgeries and regain their independence. Heres a closer look at the rehabilitation services offered in skilled nursing facilities and their benefits.1. Physical TherapyPhysical therapy is a critical component of rehabilitation in skilled nursing facilities. It focuses on helping residents restore strength, mobility, and physical function after surgery, injury, or a medical event such as a stroke. Key aspects of physical therapy include: Strength Training: Exercises to rebuild muscle strength and endurance. Balance and Coordination: Techniques to prevent falls and improve stability. Mobility Exercises: Activities designed to improve range of motion, walking ability, and the use of mobility aids such as walkers or wheelchairs. By working closely with licensed physical therapists, residents can achieve improved independence and a better quality of life.2. Occupational TherapyOccupational therapy in SNFs is designed to help residents regain the skills needed for daily living. This therapy focuses on enhancing a persons ability to perform activities of daily living (ADLs) such as dressing, grooming, eating, and bathing. Specific interventions include: Adaptive Techniques: Teaching residents how to use assistive devices or modify tasks to suit their abilities. Fine Motor Skills Training: Improving dexterity for tasks like buttoning clothes or holding utensils. Energy Conservation Strategies: Helping residents manage fatigue and perform tasks more efficiently. Occupational therapists work with residents to restore independence and adapt to new physical or cognitive limitations.3. Speech TherapySpeech therapy addresses communication and swallowing difficulties that may result from strokes, neurological disorders, or other medical conditions. Speech-language pathologists (SLPs) in skilled nursing facilities focus on: Swallowing Therapy: Treating dysphagia (difficulty swallowing) to prevent complications like choking or aspiration pneumonia. Communication Training: Helping residents regain or improve their ability to speak, understand language, or use alternative communication methods. Cognitive Therapy: Assisting residents with memory, problem-solving, and organizational skills. Speech therapy improves both safety and quality of life by enabling residents to eat, communicate, and engage with others effectively.4. Specialized Rehabilitation ProgramsSkilled nursing facilities often provide rehabilitation programs tailored to specific conditions, including: Post-Stroke Rehabilitation: Combining physical, occupational, and speech therapies to address the multifaceted challenges of stroke recovery. Orthopedic Recovery: Rehabilitation for individuals recovering from joint replacement surgeries, fractures, or other musculoskeletal injuries. Cardiac Rehabilitation: Programs focused on improving heart health and endurance following heart attacks or surgeries. Neurological Rehabilitation: Care for residents with conditions such as Parkinsons disease, multiple sclerosis, or traumatic brain injuries. These specialized programs ensure that residents receive targeted care to address their unique recovery goals.5. Benefits of Rehabilitation Services in Skilled Nursing FacilitiesRehabilitation services in skilled nursing facilities offer numerous benefits, including: Faster Recovery: Access to expert care and tailored therapies helps residents recover more quickly. Enhanced Mobility and Independence: Therapy restores physical function and confidence, enabling residents to perform tasks on their own. Improved Quality of Life: Rehabilitation helps residents regain their abilities, reducing frustration and fostering a sense of accomplishment. Preventing Complications: Therapies such as swallowing training and balance exercises minimize risks like choking, falls, and re-hospitalization.
Healthy Vision: Tips for Saving Your Eyesight
Our eyes are incredibly precious, yet its easy to take our vision for granted until problems arise. Lets focus on proactive steps to maintain and improve our eye health. Here are some tips to keep your vision in top shape:Schedule Regular Eye Exams:One of the best ways to safeguard your vision is by scheduling regular eye exams. Comprehensive eye exams can detect vision problems early on, allowing for prompt treatment and prevention of further complications. Make it a priority to see your eye doctor at least once a year, even if you dont currently wear glasses or contact lenses.Protect Your Eyes from UV Rays: Just like your skin, your eyes can be damaged by the suns harmful UV rays. Whenever youre outdoors, especially on bright, sunny days, wear sunglasses that offer UV protection. Look for sunglasses that block 100% of UVA and UVB rays to shield your eyes from potential damage. Give Your Eyes a Break from Screens: In todays digital age, many of us spend a significant amount of time staring at screens, whether its for work, leisure, or staying connected. Prolonged screen time can lead to digital eye strain, characterized by symptoms like dry eyes, blurred vision, and headaches. To reduce eye strain, follow the 20-20-20 rule: every 20 minutes, take a 20-second break and look at something 20 feet away.Eat a Balanced Diet:Nutrition plays a crucial role in maintaining eye health. Incorporate foods rich in vitamins and antioxidants, such as leafy greens, colorful fruits and vegetables, fish high in omega-3 fatty acids, and nuts and seeds. These nutrients can help protect against age-related vision problems like macular degeneration and cataracts.Practice Good Eye Hygiene:Proper eye hygiene is essential for preventing eye infections and irritation. Wash your hands frequently, especially before touching your eyes or handling contact lenses. Follow your eye doctors recommendations for contact lens care, including proper cleaning, disinfecting, and storage.Stay Hydrated: Dehydration can contribute to dry eyes, so be sure to drink an adequate amount of water throughout the day. Aim for at least eight glasses of water daily to keep your eyes and body hydrated.Get Plenty of Sleep:Adequate sleep is crucial for overall health, including eye health. During sleep, your eyes receive much-needed rest and replenishment. Aim for 7-9 hours of quality sleep each night to help reduce eye fatigue and maintain optimal visual function.By incorporating these simple yet effective tips into your daily routine, you can help protect and preserve your precious eyesight for years to come.Your eyesight is irreplaceable, so take care of your eyes today for a brighter tomorrow!
Moving Made Easy: Simple Tips for Seniors
Moving to a new home can be scary and stressful, especially for older people. But don't worry! Here are some easy ways to make moving day less scary and more fun.1. Pick the Right HomeFirst, choose a new home that feels good. Think about what you like. Do you want a garden view? Do you need help with cooking? Make sure your new home has what you need to be happy.2. Make ListsWrite down everything you need to do. This helps you remember important things. Start early and take your time. Don't rush!3. Choose Special ThingsWhen you move to a smaller home, you can't take everything. Pick the things that mean the most to you. It's okay to feel sad about leaving some things behind.4. Get Help from MoversHiring people to help you move can make things much easier. They know how to pack and move your stuff safely.5. Use Good BoxesUse boxes that stack well. Plastic boxes with lids are great because they're easy to pack and unpack.6. Say Goodbye to Your Old HomeHave a party to say goodbye to your old home. Take lots of pictures to remember it. This can help you feel better about moving.7. Think Happy ThoughtsMoving can be exciting! Think about all the fun new things you'll do in your new home. You might make new friends or try new activities.8. Pack a Special BagPack a bag with things you'll need right away in your new home. Put in things like:MedicineToothbrush and toothpastePajamasSnacks and waterThis way, you won't have to search through all your boxes on the first night.9. Make a Moving Day PlanPlan out your moving day. Know when you'll leave and when you should arrive at your new home. Don't forget to plan for breaks along the way.Remember, moving can be a big change, but it can also be the start of a great new adventure in your life!
Local Services By This Author
Entrusted Legacy Law
Elder Law 100 Pinewood Lane Suite #303, Warrendale, Pennsylvania, 15086Our Firm Prepares You for Life What makes our firm different is that we were built with the needs of growing families in mind. We understand you are BUSY, you are growing, you are planning for a life of prosperity and you value ease, convenience and efficiency. You are raising children, and caring for elderly parents, while also working hard to build your own nest egg for a lifetime of support. You want to know youve made the best decisions for your family and that your plan will work when your loved ones need it most. You want to make sure your minor children would be raised by the people you choose, and never by anyone you wouldnt want, and that your teens and adult children are properly prepared to care for you and what you leave behind. You want to feel confident that youve made the right choices, and handled everything so that you arent leaving behind a mess, when something happens. That is our focus as well. Weve developed unique systems to give you the same access to a Personal Family Lawyer as was previously only available to the super-wealthy, so you can have the guidance you need to build and maintain a life of prosperity and wealth. And, to keep your family out of court and out of conflict, which is the greatest risk to the people you love and all you have created, even if youve already worked with a traditional lawyer or created documents online. Our Team Is Here for You We encourage communication with our clients. In fact, weve thrown out the time clocks so you never have to be afraid to call with a quick question. Everything we do is billed on a flat-fee basis, agreed to in advance, so there are never any surprises. We have a whole team to serve you. When you call our office to ask your quick question, you wont have to wait hours or days for a phone call back. Youll get your question answered, right away. And, if you need to schedule a more in-depth legal or strategic call with your Personal Family Lawyer, a call will be scheduled when you're both available and ready for the call so we can make the very best use of your time and not waste your time by leaving voicemail after voicemail back and forth. And, we ensure the most important details of your planning are followed through on and your plan continues to work throughout your lifetime. We have a funding coordinator to ensure your assets are owned the right way throughout your lifetime and none of your assets will end up going through a long, expensive court process or being lost to the state because they were missed after your death. Weve created unique membership programs to keep your plan up to date year in and year out as well as give you access to our Trusted Team of Legal Experts for guidance on ANY legal or financial matter. One day you will need a lawyer. I dont know why and I dont know when, but when you do, you will be grateful you can call on us and well be here to advise you or get you out of a jam. We Help You Transfer Your Life and Legacy Lastly, we believe your financial wealth is only a small part of your overall Life and Legacy Planning which is made up of your far more valuable and most often lost upon incapacity or death intellectual, spiritual and human assets. These assets are what make you who you are, and sum up whats most important to you. And, a survey of inheritors has revealed that what they care about even more than inheriting your money, is inheriting these intangible assets. Most estate plans only focus on the transfer of your financial wealth to the next generation. Most people have such great intentions of passing on the intangible, but very few ever get around to it. Its just not a priority, until its too late. How much do you know about your grandparents values? Their most prized personal possessions? How they felt about you? What they had learned during their lifetime? If you are like most people, you know very little. Thats why we build the capture and passage of these most valuable assets into every estate plan we create. Not only will we help you pass on your money, but also your values, your insights, your stories and your experience the truly valuable assets your loved ones care about the most. Weve developed a tool that allows us to capture and pass on your whole family wealth, including your Intellectual, Spiritual and Human assets. I cant go into all of the details here, but well definitely talk about it when you come in for your Life and Legacy Planning Session.