I have an adult older brother (53) that lives in a Nursing Facility in IL. He has not lived on his own since he was in his late teens because of mental problems from overdosing and nearly dying. My mother passed away in 1998, and I remember the Nursing Facility sending me a paper to sign and it stated I was a guardian. After reading things, I don't believe I am really a guardian as the court never appointed me or for that matter there was no legal process. As far as I know I am just family. I send him money and buy clothes for him, but I have no say so in his actual care. I received a Privacy Act letter from one of the Billing companies for a Nurse Practitioner that cared for him,. They want me to sign the "Notice of Privacy Practices" where it states legal guardian or patient. They also sent a insurance information form asking for updated insurance and contact information (for me). Since the state and the nursing home handle his care with him receiving Medicare I don't have any of this information and what they received from the Nursing Home is what he has for billing purposes. I feel they are trying to get me to sign something so they can try and bill me for whatever Medicare doesn't cover for their charges. Also, since I really haven't been appointed guardian by a court, I feel that I am not a guardian or I would have more say so in his care. Whatever the form was that the Nursing Home asked me to sign when my mother passed away was not correct in my opinion because it wasn't done legally, and it would be condsidered invalid. Am I correct?
2 Answers from Attorneys
Without seeing the paper you signed the question can not be answered A guardian is court appointed. you may have signed a Petition for Guardianship and the home paid a lawyer to go to court. Check the local courthouse.
If you were NOT appointed by a Court to act on your brother's behalf, you are NOT his Guardian. However, his nursing home may try to convince or fool you into signing a document that assumes financial responsibility for his care. Your safest option is to refuse to sign absolutely anything. However, you may want to be a bit cautious about this approach if the nursing home will then restrict you in having a say about your brother's care. Feel free to call me to discuss this further. I won't charge for the phone call.
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