MN nursing home filed against my credit since Father passed away. Anyone else encountered this?

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I was Power of Attorney..My father was sent to a NH from a Hospital in September 2012. Previously he was housed at another NH before his surgeries. He asked me per push of NH as Durable Power of Attorney. He was in early dementia, lost use of limbs due to VA operation in replacing of hips and contacted MRSA. He was sent to Hospital for surgery due to severe case of MRSA that was in extreme sepsis. Doctors released him to MN NH. He had some money which quickly ran out. I filed out paperwork with the state of MN for aid for my father starting September 2012 and every three months after that. I have all the paperwork and letters. State of MN demanded I give them paperwork that was held by my sister who previously was in change of my fathers account. My father asked me to take over as sister stole $40000.00 from his account during his stay in the Veterans Hospital. she was on acct also. I live in CA and my sister refused all communication. I communicated these issues to the Social Workers. When I was able to provide information they requested, they would come up with something else to request knowing it would be a difficult time meeting their new demands and each time I met their demands they demanded something else and rejected the claim to help my father. My fathers money ran out in Feb. 2013. In March, after my father was hospitalized yet again NH called me and insisted he be put on Hospice which stops all medication to my father due to his MRSA. Fearing my fathers situation, I called his doctor and reported to his Physician at the time who told me there is NO Way my father is ready for Hospice. Physician state reasons were: dad was still able to get himself around, could hold an intelligent conversation and had quite a personality. He was not on deaths door as NH stated. Physician said yes the time will come but he is not anywhere near it now and NH was wrong about the Hospice. NH continued to badger me about putting my father on Hospice. I continued to file the state paperwork for aid every three months. MN Social Workers would reject my father and I would refile to reopen the case. In June 2013, NH sent me an eviction notice for my father. I called NHs attorney, who stated not to worry as it is just a formality and NH cannot put dad into the street as that is illegal. NH turned the case to a Police who called me. I explained the situation and he expressed his frustration at the misuse of police time. I told the Detective I have proof of everything and am more than happy to provide it for him. Case dropped. They did this twice both times it was dropped. In July, I was notified that NH was receiving Dads Social Security check. I was weary in August as my father severely declined and unable to meet the last set of demands by Social Services. I discussed Hospice with my fathers physician who agreed time was nearing. My father went on Hospice and passed on the following wee hours of the morn. My husband and I had flown out to see him his last few days. His last day as he lay dying, my husband and I were outside in the court yard with the Pastor who was ministering and comforting us through this difficult time. NH finance lady came out to us. This lady demanded that I sign her paperwork to take responsibility for all of my fathers debt. I told her that it is Power of Attorney; she demanded that I sign not as POA but as responsible party for my fathers debts. I was under duress and told her that I refused to sign anything. She kept demanding. I was crying and very upset and told her that I will not now or ever sign anything. How dare she have the audacity to demand I sign anything while my father lay inside dying! What is wrong with you! What kind of evil person are you? My father died 4 am that morning. On the morning of my fathers death as we were preparing to go to the mortuary, I got a phone call from the Social Services lady asking why she had not received the reup paperwork. I told her my father had passed away. She told me to send to her ASAP. I told her that I could not as he was gone and POA died with my father. I no longer can sign anything for him. She kept say I could and it was okay because I had been filing for him all along and this time they would accept it. Even in my grief, I was like huh? I told her I cannot sign per my attorneys advice as POA died with my father. In September 2013, I start getting calls from several different females from NH tell me that I MUST file the Social Security paperwork so they can get paid for the past three months. Only I CAN DO it and no one else. I MUST file and sign. I refused and quit taking the calls. I called an attorney who told me by NO MEANS file or sign anything. Power of Attorney is dead. She stated that the NH has the same paperwork in their hands and it is NHs place to file it, not mine. She said they are aware of this and are trying to trick me into signing. NH filed against my credit with Law firm. Need some advice even emotional support.

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"Tug": "I also believe the finance female makes it her vendetta."

Perhaps she trained at the Leona Helmsley school of management.
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Tug, I spoke with a Medicare rep earlier this week re filing a complaint, raising the issue of whether to do it online or in writing. She advised just calling them. However, I think I'll follow up with the documentation I want to present.

But calling could get the process of investigation stopping.
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Sad thing is that they perform these tactics on families who are obviously suffering already. I also believe the finance female makes it her vendetta. Seriously to attept to force someone to sign paperwork when their loved one/parent lay dying, what kind of person has that stone, cold heart. To me that is a despicable individual. I guess she thinks if she catches family members of guard, they may sign. Karma has a way of making its rounds and it will come to her. If she has done this to other families which it sounds like her normal practice, she will likely suffer as she makes others suffer.

I spoke with other families in area nursing homes and none have experience that type of despicable tactics.

I am very careful about not naming the Law firm the NH used, the NH or that horrible woman to avoid slander.

I hope this puts a stop to them harassing other families. I will check the Medicare site this weekend to check on filing a complaint. Will keep you posted!
Thanks again for your support and info!!!!
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I'm with Jessie. Go for it! And definitely file with Medicare; I'm getting the impression that their tactics aren't limited to harassment of you alone; there may have been other victims.

Perhaps you can find some ombudsperson agencies, or maybe even something like a medical change.org.

Just be careful you don't say or write anything that could give them an opportunity to add libel or slander to any action they threaten.
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You go, tugftb! What you are doing is so good because this NH appears to be attacking when people are vulnerable and confused. I hope there is more that comes of it than stop harassing you. I hope they are penalized enough that they won't do it to anyone else.
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Thank you so much for replying and caring about my dilemma. I am sure the NH will continue the harassment. I wish I would have had this sooner. I mailed a reply on Monday certified with return receipt stating that NH hired them to sue me for bills of my father covered under a power of attorney. I did do one thing you mentioned... I requested verification of debt for discovery.

I spoke with three attorneys and sent copies of the POA. All stated the same thing, NH is performing a harassing act. I spoke with a MN attorney today whom I intend on hiring. This way when the cease and desist letter(s) go out, they know I mean business. This attorney was well aware of the NH, its tactics, and the nasty financial lady of the NH...even knew her by name.

I did file with the MN Attorney General's office. After I called in, they asked who the NH was and requested I file a complaint against them. Apparently this has been a problem that has happened before. It was also mentioned to turn them into Medicare which I am considering.

I have accurate records of every cent of my father's money. Every cent went to him. I paid for my own flights to and from CA to MN. There are no loans by my father or myself. Anything and everything was signed POA behind my name as the attorney instructed me in the beginning. I have every bill, letter, note ever sent me or given to me. I also every note that I wrote down taking instructions or reminders. The attorney said the same as you - take no phone calls.

I will continue to post as to the outcome and paths taken. It may help other people who land in the same situation.

Again, thank you. I appreciate all and any information you have.
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I see they're bringing out the big guns. Here's how to respond:

1. You do have 30 days in which to respond but I wouldn't wait until the last as the debt collectors could claim they didn't receive it timely. Definitely send it by certified or registered, signature requested, so you have proof of receipt.

2. If you're not familiar with the Fair Debt Collections Practices Act, it will be very helpful to read it. The Act itself can be viewed at:

https://www.law.cornell.edu/uscode/text/15/chapter-41/subchapter-V

3. Section 1692g, subsection b, Validation of Debts, governs your response.

4. When I've responded pursuant to this statute, I cite it and make all the demands provided for in subsection b. I usually state that I also reserve the right to take any action deemed appropriate. Don't restrict it to "legal action"; one of the top attorneys I worked for cautioned me early against that limitation. You might want to take other action that isn't necessarily legal but is legitimate, such as notifying the BBB if you're harassed by the debt collector.

5. As I understand the situation, you haven't signed or cosigned any document that would make you responsible for your father's bills. Therefore, deny your responsibility and liability, and make the demands as stated, including the name of the original creditor (it might be the parent of a nursing home), and a specific copy of any judgment.

6. I would also demand that they cease contact since you have no liability for the debt.

You might want to throw in a monkey wrench by demanding they provide statutory evidence of their claim that you are responsible for the debt. If they do, you'll know what they have in mind and on what they base their allegation that you owe them the money on behalf of your father.

7. These are hits on Minnesota and filial responsibility laws; it would be a good idea to study them as the nursing home may use this tactic against you:

google/?gws_rd=ssl#q=Minnesota%2C+filial+responsibility

8. If you hire an attorney in the next few weeks, the attorney could write the letter for you. It might not stop the NH's attempts but at least they're on notice that you're fighting back.

9. When you discuss the situation with your MN attorney, be sure to raise the filial responsibility issue.


And please keep us posted. The actions of the nursing home seem very aggressive to me, and I'm concerned about the possibility of invoking some type of filial responsibility ( see the 6th paragraph in the second hit in the link in my paragraph 7).

Since you were attorney-in-fact under your father's DPOA, this might be the attack they plan; however, it's my understanding from this article that mismanagement of funds would have to be shown. However, I don't have access to software that could provide cases and holdings on these issues.

This gets into areas beyond my level of competence so I would recommend discussing it with your attorney.

Hopefully one of the experts will see this post and offer an opinion.

In the meantime, don't take any phone calls from the debt collector; any communication should be written for documentation purposes.
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Thank you for your reply. I will contact an attoney in MN. As for the letter, it states from a CA Law Corporation as follows: We have been retained to represent the interests of the above-named creditor with respect to the above referenced matter. According to our client's records as of the date of this letter, you owe them the principal amount indicated above $46679.45, exclusive of interest, whichour client retains its right to collect. Please note that if our client decides to file a lawsuit against you, them may not waive their right, if any to additional Court costs and attorney's fees. You make make your payment via ck, cred card or ACH on our website atxxx or you can simply sent us your ck or money order via mail. Accordingly, please be advised that this letter is from a debt collector, is an attempt to collect a debt, and any information obtained will be used for that purpose. They gave me 30 days to reply. I know Medicare paid for his hospice which I believe was less than 24 hours. I did file with MN Attorney General.
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There's something I don't understand. You wrote that the "NH filed against my credit with Law firm". Negative credit reports are filed with one or all of the 3 credit reporting agencies. Did the NH contact the law firm and make negative comments about your credit standing?

I've read your post a few times and the best advice I can offer is (a) continue to refuse accepting responsibility for your father's bills from the NH (b) don't take any phone calls from them (c) if you communicate with them, do it in writing and start a document trail and (d) get a local Minnesota attorney.

Best to get an attorney in Minnesota; it might be that some of the elder attorneys have already had experience with this particular facility. In fact I would do an online search of the county clerk's records for the circuit court in which this NH is located. The goal would be to determine if anyone has sued this NH for harassment.

Or you could have a Minnesota attorney handle it for you; it's worth checking as I rather doubt this was an isolated circumstance.

This sounds like extraordinary harassment and attempted trickery by trying to force you to accept responsibility for your father's bills. It's especially egregious and dishonest to attempt to get you to sign pursuant to a document that expired on your father's death. I'm not sure whether it rises to the level of attempted fraud.

I'm so sorry that this harassment and despicable behavior occurred during your father's illnesses and at his death. The behavior by the NH reps was reprehensible.

If your father was getting Medicare, it wouldn't hurt to contact them and file a complaint.
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Thank you for your support and information. I refused to sign anything. The lady was absolutely furious. I wonder if I should get an attorney in CA or MN. Or maybe it does not matter. I did discuss in detail with several MN attorneys...
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