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Can my attorney file some kind of "relief" with the courts?

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Jamie0101

Junior Member
What is the name of your state (only U.S. law)? NY

My husband has been in the nursing home since the beginning of 2005. Under the "Impoverishment Act", I was allowed to live off of his social security since he was getting Medicaid to cover his expenses such as his meds and nursing home care.

In Aug of 2008, I the nursing home and my husband contact social security to stop sending the checks and start sending them to the nursing home. I found this very strange when he was still collecting Medicaid to cover his bills. The agreement was when this all started that he would be able to collect his check but him(my husband) and his son which was his power of attorney would have to cover the remaining expenses that his social security check couldn't cover. They see this as way too much money and decided to let me live off of his check.

In Oct of 2008, I received a knock on the door. It was a man delivering some divorce papers. Basically the nursing home was holding on to the check but I don't understand why they were holding on to it since no judge order was drawn up saying that the check must be stopped.

In Dec of 2009, my lawyer, my husband lawyer, myself and my husband meet and the court house. We eventually reached an agreement that day which was that I would receive all the money that the nursing home was holding on to and that I would continue to receive his check until he passes.

After that (a month or so later) my husband attorney contact the nursing home asking them why haven't they (nursing home) released the funds as of yet and they told my husband's attorney that they won't until they have a judge order.

I am having a difficult time paying my bills since they stopped the check and also I live in a rural area which has no means of transportation so I have a difficult time getting around. Also I have a disabled grandchild that I have custody for which makes it even more difficult. He is on a special diet and the nearest place to receive his food is approximately 2 hours away. Also his school is in the same area because our area isn't equipped to handle this disability.

Since there is an agreement but just wanting for the judge to sign it, can my lawyer file some kind of relief with the courts so that I can receive the funds that they have been holding on it? I am struggle every month and is strange because the "Impoverishment Act" was create so that the spouse of the patient in the nursing home could live while they were in the nursing home. Could my lawyer file some kind of relief with the courts until the judge can finalize the agreement? Everything is agreed upon and there are no issues at all.:(

At this point it isn't my husband that I am having the problem with, it is the nursing home. They were hoping that when divorce was said and done with that I wouldn't have received anything. So they are upset that they weren't able to keep the money. The area I live in is very corrupt and the people will steal any chance they get. They were hoping in keeping the money so they can pick from it since my husband is elderly and wouldn't be able to properly manage his money.
 
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mistoffolees

Senior Member
The nursing home is not a party to any agreement between you and your husband. If he owes money to the nursing home, you and he can not agree for you to take the money instead (well, you can agree on that, but the nursing home is not bound by it and can make every legal effort to collect).

Oh, and one statement is incorrect unless I'm mis-interpreting it. You said that the nursing home could collect from your husband and his son. Unless your son voluntarily agreed to be added to the bill or unless you and your husband transferred assets to the nursing home, the nursing home can't collect from your son.

I don't know how the impoverishment act works, so I can't comment on that. What does your attorney say when you asked him that question?

How long were you married? If I remember correctly, after you've been married 10 years, if you get a divorce, you can collect social security in your own name, but based on his earning history. Bing or Google for 'social security' and 'divorce'. It could be that a divorce would actually IMPROVE your financial situation.

You really should speak with an attorney. I realize that money is tight, but you're talking about what you're going to live on for the rest of your life. There may be legal aid in your area. Some attorneys will give the initial consultation for free. Or, you may be able to reach a payment agreement with an attorney since you should be receiving your own social security payments.
 
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Jamie0101

Junior Member
Mistoffolees:

I apreciate your advice very much, but Medicaid covers expenses of the nursing home so he doesn't owe them(nursing home) anything. Not trying to be a jerk but if you don't know how the "Impoverishment Act" work, than I would have greatly appreciate if you just didn't answer a question that you don't quite understand. There is nothing wrong with not answering a question that you don't understand...

The nursing home would have been able to collect his check if medicaid didn't cover their expenses already. The nursing home is holding on to the check. As I stated before the nursing home already my area is very tricky; they will do anything for money.

The Impoverishment Act was create around the 1980's area due to the fact that the spouse of the patient(usually the husband) of a nursing home; would be forced to spend all of their savings and leave the at home spouse with nothing to live on. There is more to this but this is just a quick run down of basically what this Act is for.

Thank you for your advice.
 

mistoffolees

Senior Member
Mistoffolees:

I apreciate your advice very much, but Medicaid covers expenses of the nursing home so he doesn't owe them(nursing home) anything. Not trying to be a jerk but if you don't know how the "Impoverishment Act" work, than I would have greatly appreciate if you just didn't answer a question that you don't quite understand. There is nothing wrong with not answering a question that you don't understand...
You're here asking for advice. There's no need to be obnoxious to people who offer it.

I told you I didn't know anything about that act and asked you what your attorney said about it. You didn't answer.

More importantly, since you're on a divorce forum, I gave you information about how divorce would affect your social security benefits - which is probably the more important issue for you. That was an important piece of advice which you chose to ignore.

So if you're not interested in listening to advice and answering questions, why are you here?
 

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