Nursing Home Lien

[Blueladot]

What is the name of your state? Arizona. My mother passed away on November 30, 2006 and I received a final bill from the nursing home where she was living when she died. I believe this bill is overcharging me by over $1200.00. I wrote them a letter disputing the amount they billed me last week, and asked them to send me an itemized bill showing me where this additional $1200.00 plus came from. She was in the ALTEC program for the State of Arizona, so there was a set amount of money which was considered her shared cost for her care each month, and was based on the amount she received from social security. In the meantime, I received a certified letter from them the same day I mailed my letter via regular mail, stating that if I didn't pay the entire bill (the amount I am disputing) by Feb 23, 2007, they will file a lien on my property. My questions are, can they legally file a lien if I am disputing the amount of the final bill? And, are there any penalties or legal options I have if they file the lien for an incorrect amount of money?

 

[BelizeBreeze]

Did you sign for financial responsibility for the debt?

 

[Blueladot]

I had a medical and financial power of attorney, and had been named her representative payee for her social security checks.

 

[seniorjudge]

Did you sign for financial responsibility for the debt?

 

[tranquility]

While it is a very important question as to whether you signed in your own name for financial responsibility when related to who will have to pay the debt, the answer is no they cannot file a lien on your property *at this point*. Unless you inherited the property or were gifted the property or paid less than fair market value for the property from your mother, I believe they need to get a judgment against you first.

 

[Blueladot]

As to whether or not I signed for financial responsibility for the debt, I am not sure. I did sign papers upon admitting her into the nursing home, because she was incapable of signing them herself. I was also made executor of her will, so I would assume it is my responsibility to pay all her final debts. She had no money left, and she owned no property. I am really not contesting the fact that her final bill needs to be paid, because it does, and I will pay it. What I am questioning is whether or not the nursing home can file a lien on my property that I live in for an amount that I am contesting. I feel the final bill is over $1200.00 higher then it should be. I am waiting for them to send me an itemized billing showing the discrepancy. My thought is that since I have written them to contest the amount, that they should not be able to proceed with any legal action against me until we have come to a resolution on the amount of the final bill.

 

[BelizeBreeze]

As to whether or not I signed for financial responsibility for the debt, I am not sure. I did sign papers upon admitting her into the nursing home, because she was incapable of signing them herself. I was also made executor of her will, so I would assume it is my responsibility to pay all her final debts. She had no money left, and she owned no property. I am really not contesting the fact that her final bill needs to be paid, because it does, and I will pay it. What I am questioning is whether or not the nursing home can file a lien on my property that I live in for an amount that I am contesting. I feel the final bill is over $1200.00 higher then it should be. I am waiting for them to send me an itemized billing showing the discrepancy. My thought is that since I have written them to contest the amount, that they should not be able to proceed with any legal action against me until we have come to a resolution on the amount of the final bill.

and that requires a valid answer to the question asked.

 

[Blueladot]

and that requires a valid answer to the question asked.

? Sorry. I'm not sure what your response means. I do appreciate all your help.

 

[BelizeBreeze]

? Sorry. I'm not sure what your response means. I do appreciate all your help.

Until you know for sure if you signed to take personal responsibility for the admission no one can advise you what to do.

 

[BlondiePB]

? Sorry. I'm not sure what your response means. I do appreciate all your help.

Did you sign the nursing home contract with just your name OR your name, POA for...(name of your mother)? Get the contract out and look at how EXACTLY you signed it.

 

[Blueladot]

It was my understanding as her representative payee for her social security checks, it was my responsibility to make sure her bills were paid with her social security money. Since she had been placed in the ALTEC program here in Arizona (similar to Medicaid) the major part of her social security check was to pay for her care in the nursing home, which was called her share of cost. The rest of the nursing home bill was paid for by the state. I think that no matter what the nursing home admissions paperwork states, I am responsible for paying her final bill with the nursing home using what money was left from her social security. In my opinion, the final bill that was received from the nursing home for her care is wrong. I have written to them and asked for an itemized bill so I can see where this bill has been inflated. Maybe it is just something as simple as they did not credit some of the payments I sent to them while she was alive. The certified letter they sent last week was addressed with my name as Rep Payee for (my mother's name) and states in part, "To avoid possible garnishment of income and or possible liens placed on any property owned, please respond no later than the close of business on February 23, 2007." I am looking for the paperwork that I signed on her admission to the nursing home, but for some reason I can't find it. All of her important paperwork I kept in a file, and there is nothing from the nursing home. I am now wondering if I received a copy. As I recall, I signed everything as POA for her.

 

[seniorjudge]

Did you sign for financial responsibility for the debt?

We can't really discuss anything till we know this answer.

 

[BlondiePB]

Did you sign for financial responsibility for the debt?

We can't really discuss anything till we know this answer.

Agree....nothing like pulling teeth.


Blueladot, go in person to the Business Office of the nursing home, ask the business manager for a copy of the contract, and ask the business manager for a print out of charges since the last payments made a zero balance.

Take all this home, review the charges, and should you require to dispute any, meet with the nursing home administrator, not the business manager. Should you not resolve any disputed charges and you have made yourself the guarantor, the nursing home can sue you for the monies.