legalbeagle87
Junior Member
What is the name of your state (only U.S. law)? New York City
My father passed away last year in a nursing home where I was granted his power of attorney. This was done purely for his sake to establish a system to pay off his debt. He initially entered the home after being hospitalized under his personal insurance, but when the insurance ended, medicaid needed to be applied for in order for the nursing home to receive payment. Because of the complicated nature of a medicaid application, I could not complete the form. Though my mother was alive, she did not participate in ANY WAY. Usually with medacaid, the spouse is required to be invovled in the process, but this was not the case. (she barely took the phone calls of the nursing home representititives). To ensure payment, legal action was taken by the nursing home. The Courts deemed my father mentally incapacitated and I was removed as his power of attorney. My fathers only income was SS and pension which was direct deposited into his account, and paid his monthly bills automatically (i.e. credit cards, loans, etc. ). Before the nursing home had a chance to complete the application, my father passed away in the nursing home. Almost a year later I am being sued by the nursing home for not turning over his monthly income to the nursing home ($29,000 over the course of 15 months). I DID NOT COMPLETE THE MEDICAID FORM and did not sign any other documents promising payment to the nursing home. Do they have a legal premise to sue me or are they just trying to recover funds any way possible?What is the name of your state (only U.S. law)?
My father passed away last year in a nursing home where I was granted his power of attorney. This was done purely for his sake to establish a system to pay off his debt. He initially entered the home after being hospitalized under his personal insurance, but when the insurance ended, medicaid needed to be applied for in order for the nursing home to receive payment. Because of the complicated nature of a medicaid application, I could not complete the form. Though my mother was alive, she did not participate in ANY WAY. Usually with medacaid, the spouse is required to be invovled in the process, but this was not the case. (she barely took the phone calls of the nursing home representititives). To ensure payment, legal action was taken by the nursing home. The Courts deemed my father mentally incapacitated and I was removed as his power of attorney. My fathers only income was SS and pension which was direct deposited into his account, and paid his monthly bills automatically (i.e. credit cards, loans, etc. ). Before the nursing home had a chance to complete the application, my father passed away in the nursing home. Almost a year later I am being sued by the nursing home for not turning over his monthly income to the nursing home ($29,000 over the course of 15 months). I DID NOT COMPLETE THE MEDICAID FORM and did not sign any other documents promising payment to the nursing home. Do they have a legal premise to sue me or are they just trying to recover funds any way possible?What is the name of your state (only U.S. law)?