I was served a lawsuit from the nursing home where my grandmother is at via a collection attorney. Where do I go from here?

Early September issue and question.
Would love an update on how this was handled by our OP.

A nursing home tried the same with my mom. An elder care attornBut in the admission agreement, she agreed to pay from his funds (pension/SS) not hers. Since she was still in their home, that was excluded as an asset by Medicaid.
The court thing was a bluff; they cancelled a few days beforehand.
Kept up the intimidation until I reached out to the State which put me in touch with the regional director of the company that owned the nursing home.
Whether or not you're overseeing Mom's finances, your personal funds are off limits

Give the notice to your attorney. Follow your lawyer's advice. In most states, you are only liable to any joint venture you have signed your name to that she also owns- a business, a home, etc. As guardian, you should not pay anything out of your own finances. They are making sure you know how much she owes, so that you will pay them from her assets - as her guardian.

Number 1: You need to make sure you are NOT financially responsible, which is a possibility. But, there is truly only one way for you to know that and to successfully navigate this situation:
Find a qualified elder attorney with excellent references who has expertise in elder financial issues, particularly dealing with Medicaid. Do it now - before the situation becomes more complicated. Make sure you and the attorney agree on the services the attorney can/will provide and get a written engagement letter before deciding to hire. Make sure that it is clear that you wish the attorney to clarify your personal financial responsibility, if any, and assuming you have none (which I sincerely hope), have the attorney take steps to protect you by communicating in writing with the plaintiffs so they understand. Do not make any statements to collection agencies or the nursing home - let the attorney do that. Create a file and get copies of every single piece of correspondence the attorney sends to anyone on your behalf. Take any legal steps to protect your own assets - again get qualified advice from an attorney in writing before you do anything. Verbal conversations about any substantive issue in this matter will not be of any value in court and subject to arguments about who said what. Get important facts and advice in writing from your attorney or at least take good notes and keep a journal with the date, time and place of the conversation. This includes all correspondence sent by the plaintiffs to you or your attorney. You cannot be too detailed when dealing with an issue like this. Even if your own attorney says “relax - I’ve got this - you don’t need to do anything” don’t completely sit on the sidelines. Be an active participate with your attorney and ask questions. Make sure you hire an attorney who will be reasonable about your anxiety and not leave you hanging n the dark as to what they are doing. After all - until you are absolutely certain that your $ is not on the line, it is your heinie to protect and nobody else’s. On the other hand, if you like and respect your attorney, let them help you.
Number 2: See Number 1

You need an attorney to help you. Or, you can wait until a court summons happens and explain your side to the mediator or judge. They can’t collect from you without a judgement. So don’t pay anything now, tell them the debt is not yours. You don’t pay anything out of your own pocket.

Coneal7876: These are questions to pose to your attorney.

I just read ur response to me. I also am from NJ and that's not how it is done. A house is an exempt asset. At time of application, I gave the caseworker the contract I had with a realtor showing the house was up for sale as of 2015. My Mom went into care May of 2017, on Medicaid for 3 months when she died. The house had not sold and would not sell till Summer of 2019. Medicaid had placed a lien on it early 2018. I have never heard of Medicaid stopping payment because a house was not sold. There is no guarantee a house will sell in a timely manner. I think you should have appealed the findings.

You are not understanding your role as guardian.
You need therefore to consult an attorney.

You wrote to us recently I believe about this issue? Or another story was almost mirror-similar to yours.
You will be reimbursed for attorney advice that is required to manage your grandmother's estate.

I am surprised this nursing home sent the bill to collections as your grandmother has an asset in this home, and they could have put a lien on the home by going to court themselves.

The collection company cannot attack your money unless you have not accounted for any money you took from your grandmother's estate by meticulous records you have kept. You, once you became guardian, were responsible for every penny into and out of your grandmother's estate. You mention an attorney saying you should be reimbursed; I hope you kept good records of all of that.

For now, this lawsuit will go forward and you are responsible as guardian for representing your grandmother's estate (which includes her home) in court. If she owed this bill, they will put a lien on her home. When the home is sold the lien will be paid to the nursing home.

SEE AN ATTORNEY. And gather all of your records. I am greatly in fear, given you do not seem to understand the role of a guardian completely, that you haven't kept great records. That would not go well in court, so you do now need an attorney to work all this out with.

Sending a prayer that the underground oil tank removal is easy — we watched the entire front yard of a house dug out because oil leaked out from the rusted tank and the soil with oil gets remediated too.

Are you being served in the capacity of POA? Can’t your attorney advise you? What happens if you tell the court you refuse to continue as POA?

You might want to read about the limitations of “filial responsibility law” in your state (it may not extend to grandchildren or Medicaid).

Good luck. And it’s a pity that too often caregiving falls under the heading “no good deed goes unpunished.”

"I have to remove a bad underground oil tank"
To answer Duped Wifes question.

This is an environmental thing. Before a house is sold, that tank has to be removed. My Mom went from oil to gas and she had to have the oil tank removed. Seems that Mom has no money.

"Her Medicaid coverage ended last month because her house wasn't sold yet."

I agree, this is very complicated. I have never heard of Medicaid stopping payment because a house did not sell. Was Medicaid paying for her room and Mom giving the NH her SS and any pension? A home is an exempt asset. If sold while the person is alive, Medicaid stops and the proceeds from the house are spent down and then Medicaid starts again. Were u selling the house at Market Value?

You may have gotten the letter because you are the guardian of record. You are the one who is in charge of her finances. No guardian is financially responsible. You need a lawyer.

Your situation is very confusing. Firstly, why are they coming after you for their money and not your grandmother? Did you sign the documents stating that you will be responsible for payment when your grandmother was admitted to the facility?

Secondly, Medicaid does not seek to recoup their money from any asset or resource until the patient dies. According to you, your grandmother is still alive.

Thirdly, why are you spending your money to do repairs to your grandmother’s house and removing an underground oil tank? Medicaid already has a lien on the house and will sell the house as-is upon your grandmother’s death. Whatever the house sells for will be all that Medicaid can recoup if your grandmother has no other asset.

You and your grandmother’s situation is too complicated and you need to hire an elder law attorney who is versed in the rules and regulations of how Medicaid works.

https://www.medicaidplanningassistance.org/medicaid-eligibility-new-jersey/#:~:text=Home%20Exemption%20Rules&text=Equity%20interest%20is%20the%20amount,a%20spouse%20living%20in%20it.

You need an attorney. If your grandmother has any funds at all, then her estate pays for this attorney. If she has no funds at all, then skip the attorney and go to court with proof there are no funds, and proof through your realtor of attempt to sell this home.

This you tell us is truly impossible for us to understand. First of all you don't have to sell the home of a LIVING recipient of Medicaid if it is their ONE HOME--not until AFTER their death. Secondly, a suit is on your GRANDMOTHER. Not on you. YOUR funds aren't being sued. HERS are. Unless you are being sued as an incompetent guardian.

WE here on this Forum cannot know any of the facts in your case. This belongs in the hands of an attorney and we can only wish you good luck.

Not quite understanding this, as there should be a lien against her house taken by Medicaid, is the home in her name?

I would go back to the attorney you hired for the guardianship and start there.

She's been there 10 months ($10K/month) without paying and they have clearly lost patience with your efforts to do anything about it. As far as I know she would have been allowed to keep the house while on medicaid (although a lien would be placed against it), why wasn't that process started? It seems to me you NEED to consult a medicaid/elder law attorney, this is much too complicated to try to handle on your own. I'm sure you will tell us you can't afford that but the way I see it you can't afford not to.

When you say you are her guardian do you mean you went to court and petitioned for a guardianship/conservatorship, or are you referencing POA?