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It is in writing and my sister is sending a check for her share thanks
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The lawyer put the advice to gift funds in writing? Go to the website of the State Bar association and figure out how to file a complaint. In writing, send the letter, with a copy of her written directions, return receipt .
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We are going to pay and then I will look into going after the lawyer especially she is an Elder Lawyer with lots of experience
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Cant take care of her at home she has dementia and I'm 71 with a heart condition live with my son his wife and my husband in my son's house
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Yes she did
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You may have to take care of mom at home for the duration of the penalty and it will depend upon how much was gifted.
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The way it works is you'll have to pay the NH and then sue the attorney for his bad advice. Hope he put the advice in writing, otherwise it's going to be a rough road.
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Your mother received care at the nursing home, right? Sounds like a transfer penalty is outstanding because of transactions in the look back period. You sure have a beef with a lawyer who told you to do "gifting" from mom's funds. BUT that does not excuse you from paying the nursing home from mom's funds (or from the funds you were gifted by mom) - if they did the work, mom or you as POA owe them. Simple justice, simple morality. Talk to the nursing home and work out arrangements for payment. Lawsuits are very expensive - better (and cheaper) to do the moral thing.
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YOUR lawyer told you explicitly to write yourselves checks as gifts from your parent's funds? Should be reported to the State Bar association.
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nextavenue.org/could-you-be-forced-pay-moms-nursing-home-bill
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No have not been sued yet and I do have a lawyer who has been less than helpful but paid very well. They are talking to the NH lawyers about payment. The lawyer is the one that told me to gift money to myself and my sister knowing that there would be a penalty due to the look back on Medicade
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My sister never signed anything I am POA and really don't remember if anything was signed regarding payment. She is still in the NH on Medicade.
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Have you been sued? If so, get an attorney.
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No she was a self pay in the nursing home until her funds were gone and we applied for Medicade.
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Was your loved one in the NH on a "Medicaid Pending" status? Then they were approved by Medicaid, but with a penalty for some financial transactions during the lookback period. And now the NH wants to be paid for the period LO was there without paying anything, waiting for Medicaid? Please let us know if this explanation doesn't match your situation!

Well, the NH is definitely entitled to be paid for services they provided during that period. Did you and/or your sister sign anything agreeing to be responsible for LO's NH debt?
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Can you flesh this question out with a little more information?

Do you mean that you spent your mother's funds on something other than her care?
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