I was never advised by the NH, attorney or Medicaid that I was to take her SS benefits and pay it all to the NH. Any advice? - AgingCare.com

I was never advised by the NH, attorney or Medicaid that I was to take her SS benefits and pay it all to the NH. Any advice?

Follow
Share

I was made POA for my Mom while she was in a nursing home. I never signed ANYTHING with the nursing home at all. My Moms atty filed for Medicaid and I maintained paying her bills. I NEVER used any money of hers for my personal use...all bills were paid for her solely...mortgage pmts, utilities, credit cards, health insurance. Now I am being sued for the outstanding balance of $100,000 because I am the POA. My sister in law (we do not speak) had signed the admission agreement with the nursing home....I have NEVER signed anything with the nursing home at all. I do own my home, I am on a fixed income, retired and disabled and I have a mentally retarded son. I don't want them to attach a lien on my home because that is all I have......HELP!!!!! AM I RESPONSIBLE IN ANY WAY.....THE SS BENEFITS HAVE SINCE BEEN SIGNED OVER TO THE NURSING HOME DUE TO MY REQUEST.......PRIOR TO THEM TRYING TO SUE ME.

This question has been closed for answers. Ask a New Question.
16

Answers

Show:
igloo572 your informative response has now made me rethink if I want to continue as my mother's DPOA. I have become very informed of my duties and responsibilities, but the medicaid laws and NH rules are far too complicated to comprehend by most who have DPOA. Not everyone have the funds to turn to an eldercare attorney everytime a legal issue crops up. How can a DPOA agent be expected to know all the laws of elder care when your average lawyer cannot comprehend all the laws?
Helpful Answer (1)
Report

The down and dirty way out of this is to send the NH after the person who signed her in. I don't recommend that, I recommend you go back to the attorney and find out what went wrong and how to fix it. In the mean time, make a record of every call and letter you get from this collection agency. You may have to have the lawyer send a "cease and desist" letter to the people who are harassing you.
Helpful Answer (0)
Report

Blackkitty - Medicaid requires the NH applicant when "Medicaid Pending" and also once on Medicaid to do a co-pay of all their income (less a smallish personal needs allowance with the amount set by each state) to the NH. This is referred to as their "SOC" share of cost. There is no way around not paying the SOC either and if it is not paid the NH Medicaid resident can be suspended from the Medicaid program till it is paid up or worked through via a payment agreement with NH.

100K is a really large amount. If this is a year of NH costs, then 100K makes sense. It could be that the NH finds itself not being paid by the state for the 1 year of care due to the noncompliance done by you as the POA for not paying the SOC until just recently. So that is why you are getting the bills on this and potential for a lawsuit to pay the outstanding bill. You as POA have the responsibility on this.

Medicaid doesn't care if the applicant has bills, a mortgage, insurance due, or whatever expenses. They fully expect all of the monthly income to be paid as the SOC. This is required to be in the program. If there is a home, either family private pays for everything on the home for the rest of the NH residents lifetime if they want to keep mom's house OR the house is sold with the proceeds going towards their care. (If there was a caregiver, some states can do the caregiver-house exemption at the time of application.) But whatever the case, the NH must be paid the SOC for them to be on Medicaid.

Not to sound harsh, but you as POA did not do that and therefore you as POA did not do your fiduciary duty nor your due diligence on the details of your mom's situation as POA. Saying "I didn't know" doesn't wash as an excuse. If you were named POA, you have the responsibility to understand what is required. The NH assumes you understand what a POA is. Now did the attorney have a responsibility in all this, probably yes, but I bet he did whatever as your mom's attorney and not as yours. Did your SIL have a responsibility in all this, probably yes also, but you are the POA and not her. You should get your own attorney which you pay for with your own money to work with you on all this - it is not going to be simple and 100K is a lot of $ to have as a judgement against you.

Out of curiosity, what is the status on the home? Sold? Rented? Empty? - could something on the home have changed since mom applied so that she has assets from her house that has changed her Medicaid status?
Helpful Answer (0)
Report

You need to get an Elder Law Attorney that specialies in MEDICAID in the state you live in. (Laws can vary from one state to another.)
Additionally, I highly recommend you get the following book "How To Protect Your Assets From Devastating Nursing Home Costs - Medicaid Secrets" 2014 Edition: Expanded, Revised, and Updated. By author K. Gabriel Heiser, Attorney.
You can also get your specific questions answered for free once you purchase the book. You can view other's questions at (www. MedicaidSecretsForum.com) If you put the title of the book in your browser, it will bring up the web site for his book (at least read about the book, you'll be glad you did) It is also available on Amazon. It took about 3 days for me to receive it after I ordered it. Cost $47.00 but well worth the money. Anyone that has elderly parents needs this book. All the different situations and scenarios are priceless. A wealth of information that you need to know and act upon now You can have it delivered overnight for an additional cost. The book also tells you how to choose an Elder Law Attorney for your specific needs.
Helpful Answer (1)
Report

Having been in the industry, I don't agree with you. She needs someone impartial to look at it -- and the current attorney for her Mom is going to charge her for all his time. I wouldn't give him a dime until I knew what was going on. And most attorneys can be ruthless, especially when their a** could be on the line. He isn't going to be honest. But that is your choice Ms. Cat. I hope whatever you decide to do, it's the best thing for you.
Helpful Answer (2)
Report

No, I think she goes back to him, and makes him get it right. Suing him will only delay the entire process. Tell him it's his job to rectify this, and I am sure he can. I would only call the Bar if he is uncooperative or asks for more money. PLUS we don't know who is suing her. In PA the NH lawyers are ruthless, they bully and intimidate and resort to shady practices.
Helpful Answer (1)
Report

I don't know how this happened (being made Power of Attorney if you didn't agree), but you MUST find a DIFFERENT attorney. Go through your local State Bar. You may not have been advised, but as Power of Attorney, it is your responsibility to seek out advise, so as they say (I was in the legal profession for 20 years), "ignorance of the law is not a defense" and the state doesn't care about your reason. I live in California, and the state is practically forcing me to put my Mom in care (because I have a chronic illness), and my brother would take everything. And I would suggest not going to your Mom's attorney, but take your records to another attorney to see if your Mom's attorney handled things properly -- and file a Complaint against him. He may be guilty of malpractice and he will try to cover his a**. Also, check with the State Bar to see if any kinds of complaints have been filed against him. I know this is really stressful, but don't let anyone take away your power and confidence. Get in there and kick some legal butt!
Helpful Answer (2)
Report

Blackcats... anxiety is a killer! Breathe! Pam gives very good advice. All we be OK. Where did this lawyer get involved? if he is on vacation, you must feel so overwhelmed. Someone recommended a "free' attorney site called AVVO. See if you can get some advice in the meantime. Be sure to include what state you are in, as much clear info from the get go, and what subject: "medicaid". All we be ok... you can do this!
Helpful Answer (0)
Report

OH NO blackcats, he totally steered you wrong. If you can find that advice in writing, he owes it to you to get this right and get Medicaid off your back.
Helpful Answer (0)
Report

Everything ran through my Mom's atty. I never was notified she was approved...it was sent to her atty. Then and only then did it state that her payment of her SS check will now be paid to the NH...Which it is going directly to them now. It was never mentioned that her SS should be going during pending approval, and my atty advised to continue paying her bills. Not saying to give anything to NH. I week lot lies within this atty. I may be meeting with him next week as he is on vacation. I appreciate all your help as I am an emotional wreck over this and it's good to know they're good people out there that care.
Helpful Answer (2)
Report

This question has been closed for answers. Ask a New Question.
Related
Questions