When I Sign As Power-Of-Attorney, Do I Take Any of the Financial Obligation on Myself

[Mermaidgirl]

My question involves a power of attorney in the state of: Florida

My grandfather recently died. Before he did, he applied for Medicaid and was put on "pending status", & a Medicaid provider began helping with his ALF bills as though he was approved. When applying, there was a page in the contract stating that if he was denied, he would have to pay back any money given. As his attorney-in-fact, I signed the papers with my name and then as POA for him. He passed away before he was approved for Medicaid and now the company wants their money back. I told them that they would need to file a claim against his estate, but they are trying to say that since I signed the papers, it is my responsibility to pay. Is this correct? I though that when I signed as POA I was signing on behalf of him, so it would be like him agreeing to pay them back, not me. What do I do?

[Mr. Knowitall]

If you signed only in his signature space in your capacity as attorney-in-fact, then that's not a promise to personally guarantee the debt. If you signed to personally guarantee the debt in addition to signing on his behalf to authorize the care, then you agreed to personally guarantee the debt. You need to figure out what you signed - we have no access to the document.

[Mermaidgirl]

Well, I signed on the "Legal Representative" line, BUT I signed as attorney-in-fact, with "Me by POA him". :/

If this does not make me personally responsible, how do I get them to back off? What if they keep trying to pursue it from me?

[Mr. Knowitall]

From what you have told us, I would expect your signature as legal representative, clearly denoted as attorney-in-fact, to bind the recipient of services and his estate to the contract, but not to make you personally responsible for that debt.

I don't know what company we are talking about, or whether it's a third party collection agency. If it's a collection agency, you can instruct them in writing to stop contacting you. If it's an in-house collector you can ask nicely and hope they stop. If they sue you, you can point to the contract and argue that you very clearly did not sign in your personal capacity and did not agree to be bound in your personal capacity; although I can't make promises about the legal effect of a document I haven't seen.

If the estate has sufficient assets to pay the medical debt, then the estate should pay this debt and thereby resolve any potential claim against you. You can report the claim to the estate.