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Children found legally responsible for parent's nursing home bill


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2010 Sep 18, 3:34am   38,021 views  54 comments

by elliemae   ➕follow (3)   💰tip   ignore  

http://michiganelderlawinfo.wordpress.com/2009/04/22/children-responsible-for-elderly-parents%E2%80%99-nursing-home-bill/
So - in Connecticut, a woman was placed into a nursing home and her son signed the admission paperwork as her power of attorney. He didn't accept personal responsibility for the bill, but agreed that as her POA he would help her get onto Medicaid using her financial information. The Medicaid was denied because he failed to keep her assets below $2,000 (it appears that it was a few dollars over the $2k, but I could be wrong) and also didn't provide certain proof of information to Medicaid.

The nursing home sued him personally, stating that even though he hadn't signed as her responsible party there was an oral contract that he would do everything possible to have her Medicaid approved. And the nursing home won over $100,000 judgement. This is a precedent, and it's unclear as to how it will affect the thousands of people waiting for Medicaid to be approved while their family member lives in a nursing home.

http://www.scnursinghomelaw.com/2010/04/articles/medicare-1/family-not-responsible-for-nursing-home-bill/
This is different than the case above - the patient had given her home to her son just after a law took effect that made patients who transferred assets like this ineligible for Medicaid. So the Medicaid was denied, and the nursing home sued the family. The courts found that the patient's family wasn't obligated to return the home to her or even pay her - so the nursing home wasn't able to collect from the family. They did have to pay legal costs, however.

The bottom line here is simple: Don't sign the admission paperwork for a patient in a nursing home. If the patient is able to sign for themselves, have them do so. If not, it's not your responsbility to sign the paperwork. Most nursing homes meet with you to sign the admissions packet after the patient was admitted, so they can't force you to sign. If you have any questions, see an elder law attorney. It could save you over a hundred thousand dollars.

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44   lostand confused   2015 Dec 23, 11:15am  

Blurtman says

If you feel that way, perhaps you could write a check for the woman

If you paid all your life into medicare-you should get better care and not the same as some bum who was on welfare and gets the same care. You have paid into the system for decades and should get proportional care.
Pull the bums of the medicare/Medicaid and you pay for them.

45   lostand confused   2015 Dec 23, 11:25am  

anonymous says

The Deficit Reduction Act of 2005 signed into law in February 2006 put a little crimp into things for a whole lot of people and most won't figure it out until it's too late.

So Dubya was the biggest socialist of all?

46   FortWayne   2015 Dec 23, 11:53am  

Dan8267 says

From a judge or a jury? Never trust a judge. Always get a jury.

Jury isn't always better Dan. Everyone has their biases, difference is only in numbers. Judge 1 bias, jury... whole bunch of collective bias.

47   B.A.C.A.H.   2015 Dec 23, 12:39pm  

Elliemae, thank you so much for sharing that. When I get home tonight I'm gonna print out a copy and put it into our estate binder.

48   Blurtman   2015 Dec 23, 12:48pm  

lostand confused says

Pull the bums of the medicare/Medicaid and you pay for them

I think you may mean people who have never worked a day in their lives, including their spouses as well. I am not too sure how many people there are like that. Elderly immigrants are likely in that group, I suppose. But your main argument is that you should pay your way, I believe. So if you paid into Medicare your whole life, and then required care that exceeded the appreciated value of what you paid in, I guess it is out in the streets time, and no more care for you, granny.

49   lostand confused   2015 Dec 23, 1:11pm  

Blurtman says

I guess it is out in the streets time, and no more care for you, granny.

if that is the way it works, it should be for the bums too and they should be asked to pay on their own dime. Insurance does nto work that way, you pay a premium and if you get sick, then the insurance company pays for it. They do not come and take your house and all your assets, if it goes more than your premiums. Bums on the other hand get a free ride for life.

50   zzyzzx   2015 Dec 23, 2:19pm  

elliemae says

The bottom line here is simple: Don't sign the admission paperwork for a patient in a nursing home. If the patient is able to sign for themselves, have them do so. If not, it's not your responsbility to sign the paperwork.

What if the elderly person in question can't take care of themselves and doesn't want to go into the nursing home?

51   Dan8267   2015 Dec 23, 2:43pm  

FortWayne says

Jury isn't always better Dan. Everyone has their biases, difference is only in numbers. Judge 1 bias, jury... whole bunch of collective bias.

In a random sampling, having 12 decision makers with biases is better than having 1 decision maker with biases because in the set of 12 the biases conflict with one another.

52   MisdemeanorRebel   2015 Dec 23, 2:47pm  

zzyzzx says

What if the elderly person in question can't take care of themselves and doesn't want to go into the nursing home?

Zzyzzx, and elliemae will correct me if I'm wrong and I might be, it has something to do with billing for "Rehab".

Basically, if it's not Rehab, nursing home entry generally won't be paid for by medicare.

That's why you see 85 year olds with terminal illnesses, who would like to spend the next few months at home, denied Home Health Aides and forced to stay in a nursing home.

53   zzyzzx   2015 Dec 23, 6:31pm  

thunderlips11 says

zzyzzx says

What if the elderly person in question can't take care of themselves and doesn't want to go into the nursing home?

Zzyzzx, and elliemae will correct me if I'm wrong and I might be, it has something to do with billing for "Rehab".

Basically, if it's not Rehab, nursing home entry generally won't be paid for by medicare.

That's why you see 85 year olds with terminal illnesses, who would like to spend the next few months at home, denied Home Health Aides and forced to stay in a nursing home.

Perhaps I should rephrase the question. I know somebody who put their demented Mom in assisted living (dementia ward in assisted living). Her Mom keeps asking when she can go home, but she is too mad off to be taken car of at home because the dementia is bad enough that she needs 24/7 babysitting type of thing. It's my guess that the Mom didn't sign any paperwork. At the moment it's more of a theoretical question since they do have another 3.5 years of long term care insurance to burn through before it really becomes a problem, and at that point the person in question will be something like 88 or 89 and hopefully dead..

54   zzyzzx   2015 Dec 23, 7:20pm  

Ironman says

She most likely gave Power of Attorney and Healthcare Directives to one the kids, which gave them the power and control to make that medical decision for her.

True, that did happen, but then doesn't that pretty much automatically make the kid liable?

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