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I called and they said it was okay to cash it that it came from her patient trust.

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they now said they made a mistake and want it back I used it to pay off the balance of the funeral can they make me give it back
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If you cashed it personally, yes they can. If you put it in an estate account, the account must remain open for a specified waiting period, so all bills can be presented against the estate. Hope you did that.
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There was no estate she has been dead a year this november and they sent the check 08/09/16 all that was left was funeral expenses I was paying because they told me she had no money when I called they said it was her money and to cash the check
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this money was not for what was owed to them it was a patient trust fund account they said she had the refund coming now they say they made a mistake with no explanation
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Is all this being done by phone calls between the NH & you or you have recieved an actual invoice / statement fom the NH for the exact amount of the cashed check?

The answer will make a difference as to how to word your written & sent certified mail response to this place.

As an aside on this I wouldn't be surprised if anywhere from 10 -30% of the $ in a medicaid residents Personal Needs Allowance trust account goes unclaimed with NH holding onto the $ till they are required under state laws to escheat to the $ to the state. The NH's in my experience really lean on family to let the NH become the residents payee for their income (SS, retirement, whatever income). A whole blather of " it's so much easier, simpler" or imply that Medicaid requires this to be done (which is false). Often families aren't aware of the PNA or that it builds up each month from $ 35 -$ 105 a month. Earlier this year there was a poster on this site who was unaware & found that her moms NH let it build to over 2K and then the NH bought her mom a wheelchair to get it zero'd out. Now there's fault all around on this wheelchair story.....but the NH never mentioned it to her at any of the care plan meetings or any statements sent on the PNA to her. Deliberate oversight IMO.
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