Arkansas Elder Care Attorney Tells All – Are you Liable for Mom’s Debts?

Are You On the Hook for Mom's Nursing Home Bills?

When it comes time for a family to consider nursing home care for a loved-one, there is a lot of stuff to consider outside of making the move across town.  What’s the best place?  How is it run?  How much does it cost?  Can an Arkansas Elder Care Attorney help us preserve mom’s assets?  It can quickly get overwhelming thinking about all the what-ifs.  

Once you find the right place, you may find it tempting to push through the paperwork without pausing or giving it much thought.  After all, this seems like a piece of the puzzle that is straight forward and simple enough.  

Unfortunately, this couldn’t be further from the truth.  That’s why Providence’s top Arkansas Elder Care Attorney is here to expose the truth behind nursing home contracts and arm you with your rights under the law…

The Truth about Nursing Home Contracts in Arkansas

Here’s the truth:  nursing home contracts are scary.  They’re serious.  And they have a legitimately galling amount of tactics to limit the legal and financial exposure of the nursing home and ensnare anyone who dares pen their name to the papers. 

Arkansas Elder Care Attorney Explains Third-Party Guarantor Agreements

One set of tactics the nursing home likes to deploy is the use of  “3rd party guarantor provision.” These provisions force the person signing the contract (the caregiver) to become personally liable for mom’s nursing home bills.  

While this sounds blunt, it must be said.  Nursing homes are not concerned about your rights and interests.  The goal is to fill beds, collect rent, and eliminate problems.  

That’s why, despite being outlawed by the Nursing Home Reform Law, nursing homes still try to force relatives or friends of their residents into personal responsibility for these stratospheric expenses.

The Bottom Line: Know Your Rights and Use Them.

It’s not enough to sit back and sign – you’ve got to fight back with the law on your side.   Tell the facility that you will have your Arkansas Elder Care Attorney review the admission agreement before you sign it.  

If that is not feasible, and you’ve got to take action right away to get the care your loved one needs, then you can avoid being on the hook for the nursing expenses by:

  1.  Having your loved-one sign the admission agreement himself or herself;
  2.  Not possible?  No worries.  If you are your loved one’s attorney-in-fact or power of attorney you can sign the nursing home agreement in that capacity.
    1. For example:  “Jane Resident, by Joe Caregiver, POA”

Talk with an Arkansas Elder Care Attorney.

Don’t go through this tricky process alone.  While the law is unavoidably complex, there’s no reason that it can’t be made clear and easy to manage.  At Providence, our Arkansas Elder Care Attorneys will make sure you understand your rights and how to use them to secure your loved ones legacy, offset your long-term care expenses, and keep you out of the poor house.  Call us today.  (479) 323-1555.

This Post Has 2 Comments

    1. Thanks for posting a reply. It can be frustrating and overwhelming trying to do the right thing to do when a loved-one is needing nursing home care and the last thing people think about is Power of Attorney documents, avoiding liability and these sorts of things. Hope you find our other material helpful as well!

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