Legal Question in Wills and Trusts in New Jersey

If I obtain a power of attorney to handle my grandfather's affairs, does this make me financially responsible? His daughter decided it would be best for him to reside in a nursing home 2 months ago at which time she completed the paperwork. Since, she has passed away and the nursing home is now asking me to complete the forms. These forms ask to be signed by the Resident as well as the Responisble Party. Unfortunalety I cannot afford to be held financially responsible. He has recently applied for medicaid and the nursing home is having his social security checks sent directly to them for partial payment? If I complete the forms, am I personally reposible or can I sign the forms as the power of attorney only??


Asked on 6/18/10, 7:28 am

2 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

The smartest thing would be for you to fill out the forms and then have your grandfather sign off on them. It does not MATTER if he can not see clearly, or has Alzheimer's, YOU do NOT sign off on the forms. and if they give you a hard time, you smile, hand them the unsigned forms and WALK AWAY.

You are smart to be cautious about this.

Give me a call, make an appointment to come see me, and I will go over this with you, and give you some advice. I will let you know up front what it will cost for me to help you.

Robert Davies, Esq. 201-820-3460

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: This answer is based only on the statements you have made, and may not be accurate.

Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 6/18/10, 10:40 am
Walter LeVine Walter D. LeVine, Esq.

I agree, although you could merely sign the forms as POA and return them by certified mail, return receipt requested, with a letter indicating you have signed them as POA for the resident, but clearly stating you are not signing them as a responsible person, that you are not to be regarded as a responsible person, and that by signing the papers as POA you are not assuming any personal liability or responsibility for any charges. Enclosde a second copy of your letter and ask in the letter that the letter, its receipt and the nursing home's agreement with the terms set forth in the letter be acknolwedged by someone in authority and returned to you. Enclose a self address, stamped envelope for returning the acknowledgement copy of your letter. If it is not returned, send another letter with a copy of the first letter and again request they sign and return it. This is a reply to an Internet question and this reply is not intended to be legal advice or as creating an attorney-client relationship.

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Answered on 6/18/10, 10:56 am


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