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I moved my dad closer to me so I could visit more often. He has been there now for a year and a half. My dad was approved for Medicaid and each month I was noticing that his social security checks were almost $300 short of what Medicaid says we should be paying the home. I finally had his case looked into only to discover he had a garnishment from a federal loan. I've kept paying what my dad receives in social security, but the balance has added up. They keep wanting me to make up the rest. I am already on a limited budget and pay for his life insurance and storage rent that comes out of his account each month. Am I responsible for the unpaid balance each month? Can they kick my dad out? Can they sue me for his bill?

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Sign, who signed the admission papers for the nursing home? You or your father?
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My dad cannot talk or write. I signed for him.
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If you didn't sign as proxy under a POA, or indicate in any way that you're signing on his behalf, and not individually, I'm sorry but I think you could be held liable.

I sense that you're strapped for money. It wouldn't hurt to see if you can get legal help pro bono and have someone review the documents to confirm whether or not you're liable.

What kind of federal loan is the garnishment for? Is there any possibility it's close to being paid off?
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It was for a student loan that he talked my brother into getting for himself to help him get out of a bind. He had to make the payments because it was in his name. He defaulted and it was a Parent Federal Student loan. :( They couldn't tell me the amount.
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Oh, bummer.

I never got a student loan (self pay all the way), so I don't know if there are any methods of relief but I recall periodically hearing or reading about forgiveness of some of the debt. That might be before garnishment though.

Is your brother helping to pay down this loan (in addition to funds being garnished from your father's assets)?
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No. He is in the military and headed to Korea in 2 weeks. He says he is very limited. I've tried to pay some, here and there. I just don't want them to kick him out.
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What state are you in? Some states have a law that a NH can come after family members to pay the bill whether they have signed the admission papers or not.
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Perhaps you can contact an elder law attorney and see if they can give you a free consultation. I had to see an elder law attorney for other reasons about my mother's affairs, but they were able to sit down for a consultation and answer all of my questions, for free. They only wanted the retainer when they took action on my behalf. Perhaps they might be able to answer your question and give you some advice.
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I'm in the Oklahoma panhandle, but my dad is just across the border in Texas. I'm sure it is different in each state. I think that is what need to do...consult an elder care attorney.
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I would think this debt stops once on Medicaid. Just like credit cards etc.
Look at the paperwork you signed. Did you sign u would be responsible? If not, then you don't have to pay. Children r not responsible for parents debts. I would check out that garnishment with SS. All money is to go towards Dads care. A student loan is a debt.
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You're fortunate., Oklahoma and Texas, don't have what is called Filial law, which is the law that adult children could be responsible for paying for their parents care (before Medicare), if the parents can't
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Why does your dad need life insurance? he will never use it. I am surprised Medicaid did not make him cash it in the help pay for care.
Could the life ins be cashed out now and use the money to take care of the debts?
Why is dad having to pay anything on Medicaid. I thought everything was paid for and Dad got a small allowance for personal needs/
Tell us more when you see the lawyer.
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The term life insurance is basically for funeral expenses. I'm like you, Veronica, I thought once on Medicaid, things should be taken care of.
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The problem I see is that student loan debt backed by the federal government is one of the few reasons social security can be garnished. Medicaid doesn’t care that Dad was a co-signer and is stuck with debt. He owes the share of cost based on nursing home charges based on his income, not income less debt. Same reason Medicaid doesn’t care about mortgage or credit cards. By the way, you get paid in the military and they can garnish bro’s income too. It’s just easier to go after Dad as bro was probably not working at the time lien was filed. So right now Dad has paid nursing home short for at least two months. At this point you need to go back to fed and let them know Dad is indigent in nursing home and they need to file lien on now employed bro. Otherwise, facility will have right to file notice for non-payment and notify Medicaid. If Medicaid finds out the student debt was bro and Dad paid on his behalf? That may be considered gifting and cause problems  or penalty if not disclosed. You might contact an attorney to help sort out as many states have bro bono clinics.
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GSA, excellent advice.
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