A home care quote is priced for a person, and a contract is signed by a person. When Dad cannot sign for himself, the question of who may put a name on the agreement has to be settled before the first aide walks in. The signature block decides who is bound to pay and who can end the arrangement.[1]

Local option: New Plan Care gives families in the St. Louis area in-home help so a parent can stay home: companionship, help with bathing and dressing, meals, and overnight care. Call (314) 405-0887.

Ask Who Is the Client, in Writing

Put one question to the agency or the private aide before anything is signed: who is the client, and who is signing as the client? An agreement that names Dad as the client but is signed by a son with no written authority leaves a gap that can surface later, usually at the first missed shift or the first dispute over a bill.

Check these three papers before accepting the signature:

  • A durable power of attorney. Confirm it exists, that it covers financial or contract matters, and that its wording, not the family's memory of it, is what the agency will rely on.
  • A court appointment. If a guardian or conservator has been appointed, the signature block should show that role.
  • A VA fiduciary arrangement. If VA pays Dad's benefits to a fiduciary, find out whether that fiduciary's role has any bearing on who may sign the care agreement.[2]

Read the Capacity Line Word by Word

A signature block that reads "Signed by [name], for [Dad]" says something different from one that reads "Signed by [name], as attorney-in-fact under the power of attorney," and the second is the one you want if the family is acting under that document. Ask the agency which form it will accept and keep a copy of whichever authority paper it cites, attached to the signed agreement.

Keep the Representative Form Separate

A VA claim representative is appointed on VA Form 21-22 or VA Form 21-22a. That form authorizes someone to act on the claim. It does not authorize anyone to sign a private care contract for Dad. Treat the two as separate papers, and read the representative's fee agreement on its own terms before signing it.[3]

Keep the Signed Copy and the Quote Together

Make sure the signed agreement, the quote it came from, and the authority paper are kept in one folder. Any change to hours or rates should be made in writing and signed by the same person who signed the original. A VA claim that asks for proof of care costs is easier to answer when the signed paper, the authority paper, and the payment record match.

When to Ask a Lawyer

If the signer's authority is unclear, have an attorney licensed in Dad's state review the power of attorney and the agreement before anyone signs. Whether a physician's statement is needed to establish that authority is a question for that attorney, not for the agency. This is general information, not legal advice. For a list of local offices that can point you to help, see Local Help: St. Louis Offices, and for the basis of these checks, see Sources.

[1] VA.gov, Aid and Attendance and Housebound benefits, pension section: the benefit is paid to the veteran, not to the care provider.
[2] VA.gov, fiduciary program guidance: when VA appoints a fiduciary to manage benefit payments.
[3] VA.gov, accredited claims representatives, and VA Forms 21-22 and 21-22a: the scope of each appointment form.