Poa incurring hospital fees

My mother has dementia, had a major stroke in August, and has been in the acute care ward of the hospital since October 4th. My brother is poa, I was substitute. The discharge planner requested a team meeting with me in November, where I was told that my brother said a temporary residence to wait for a nursing home is not an option, chose only one ltc which has a two year wait list, and stopped all communication with them. In their words, he had abandoned my mother, they were moving forward with me as primary decision maker, required choices for nursing homes, but suggested I speak with a lawyer before I "do anything". I told them that I'd love to help them but backlash from my brother is a guarantee, there is no point to me making decisions as all will be contested, if they are suggesting that I speak with a lawyer, the situation has gone too far. I said I would resign and they were better off to let the Office of the Public Guardian take over, and my brother could not visit his wrath on me. I resigned as primary and/or substitute poa two weeks ago. The hospital has been charging a fee for Mom's bed since November 18th. My mother gave me a copy of her bank statement a few years ago, that amount plus pension deposits since that statement equal $218,400 without accrued interest. I have asked my brother more than once why he has said a temporary residence is not an option and is now incurring a much higher cost for the hospital room. I have also told him three times that I have her bank statement and given him the amount that should be the balance at present. His last email to me said that I am not reimbursing him for half her care, which I take to mean the daily hospital cost. The cost of her hospital bed is insane, far more than a temporary residence would be at 3 to 4000 a month. If her personal funds are gone, he is the only one who could have withdrawn them. I've had nothing whatsoever to do with his decisions or the costs incurred. How could I possibly be liable for any of it? I do not know the status of Mom's case at present -whether he is acting poa or not, or whether the Public Guardian has stepped in, as the hospital can no longer tell me anything. Thanks so much

Asked almost 4 years ago in Oakville, Ontario
Categories: Elder Law

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Noah Kochman

Answer by Noah Kochman

Not VerifiedOntario lawyer

I practice in estate litigation, which is the area of law you are describing.

I am happy to assist. I can be reached at noah@kochman.ca.


Noah Kochman 

Posted almost 4 years ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Noah Kochman, or search the Lawyer Directory.

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