The Listen to Lawrence Letter: Power of Attorney Question

READER QUESTION:

I have a question on how to sign paperwork when a loved one is admitted to a nursing home.

If you are the person who has power of attorney, how do you sign the paperwork for the person being admitted, and not be responsible financially for them if they are a parent, spouse, or sibling? Please advise in your next newsletter if possible.

MY RESPONSE:

I can just picture you sitting there with a stack of nursing home papers and thinking, “What kind of trouble am I about to get into?”

The answer is usually very little.

When you act under a power of attorney, you are stepping into the shoes of the other person. You are signing as them, not as yourself. Done properly, you are not personally liable.

Where people get into trouble is how they sign.

Let’s say you are Marcia Brady signing for your mother, Carol Brady. These all work:

1. Marcia Brady, POA
2. Marcia Brady, for Carol Brady, her POA
3. Carol Brady, by her attorney-in-fact, Marcia Brady

There are other variations, but they all do the same thing. They make it clear you are not signing personally.

If you just sign your name with nothing else, you may have just personally guaranteed something. That is a problem you do not want.

If you are not sure, ask the nursing home or the bank how they want it signed. They deal with this every day.

Now, on a separate issue…the more important one.

Does your power of attorney actually give you the authority to do what needs to be done?

That is where I see far more problems.

And, if anyone you know would like to

receive this Listen to Lawrence Letter just

tell them to send their email address to info@davidowlaw.com and I’ll add them to the list!

As always, please send your questions in! If you are thinking about it, others are probably too, so my answers will no doubt help you and many others.

Let’s stay connected. Stay safe!