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Eldercare
Reply to "Is this typical for Independent Living Agreements?"
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[quote=Anonymous]My elderly relative is moving to an independent senior living place. The facility has an attachment to the lease that asks for his personal representative to sign. Currently, he is of sound mind, but if that changes as determined by 2 physicians, I will have power of attorney. One of the statements on the attachment I’ve been told to sign reads: “The undersigned hereby unconditionally guarantees payment of all of the obligations of the Resident that may become due under the Agreement pursuant to their appointed tiduciary duty as Authorized Representative or their signature on the lease. This guaranty shall notbe terminated by reason of any renewal or extension of the Agreement, or by any other modification of the Agreement, or by the death or disability of the Resident if there are outstanding amounts dueafter the termination of the Agreement.” I have put a call into an estate attorney, but in the mean time, I’m starting to get anxious. [b]I did not anticipate signing anything as a personal rep for someone who is in control of their mental state. [/b]Is this typically asked of someone who may have PoA in the future? (There is a clause in the PoA that if I cannot perform the duties, the second named person will take over.) I am concerned that this language will make me responsible for his debts if I cannot play (like a co-signer). The facility of course says that’s not the case, but the UNCONDITIONALLY term has me a bit worried. Of course, I would pay with his money, but I can’t afford his bills otherwise. He’s much more well-off than me though neither of us are super wealthy. Let this thread be a heads up for anyone in my situation in the future. [/quote]
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