Tinklebear78
New member
What is the name of your state? WA
I care for a disabled and mentally incapacitated individual who has a guardian that handles her personal account and a separate professional trustee that handles her special needs trust. Last year my client was on private pay for a month because her guardian didn’t complete paperwork in time to receive state benefits. The guardian ended up being short about half of the care costs that month, but slowly paid down the balance until there was a couple thousand dollars left. The guardian is now completely out of funds so I went to the trust, who has now refused to pay the balance for the last fourteen months. My client has a six figure sum in her special needs account, so the funds are not the issue.
I was recently advised to take the trust to small claims court, and I advised the trust that I would consider this after a recent conversation with their rep who said that they’re being punished for the guardian’s mistake and that they would get in trouble legally if they paid off the balance, but couldn’t give me specifics for how they would get in trouble. They also disregarded me when I told them that they work for my client, not the other way around, and they basically said that it’s not her money since her now-deceased father set the trust up and gave specific instructions for how to use the funds (the instructions are actually very general).
The trust also covers supplemental needs of the client (clothes, special food items, decor), and after our somewhat contentious conversation last week the rep sent an email saying they would only allocate $250 per quarter for any of my client’s supplemental needs and that all items we purchased and requested reimbursement for would need to be pre-approved by them. They also requested a written attestation for each reimbursement request going forward. For reference, I have been taking care of my client for three years and they never once had an issue with reimbursements or mentioned caps until now. My client’s supplemental needs range from between $100-$200 monthly since my client has a very special diet that requires expensive food items not covered by insurance (low sugar, high protein, ThickIt, etc.), besides the fact that for the first year and a half that my client was in my care, I covered everything out of pocket before the trust began reimbursing.
I am at a loss for what to do. The trust has a lawyer on retainer which is extremely intimidating, and they have made it clear that their priorities do not lie with what is best for my client. They act like the money is theirs for some strange reason. Over the past three years, they have charged $10K in fees to my client’s account but refuse to pay $2K in legitimate care needs on top of now placing a cap on supplemental needs that are literally the only things my client looks forward to. I want to know if I have a case if I take them to small claims court, especially considering that they have a lawyer and I can’t afford one.
The guardian is basically out of the picture and has said she will not get involved. Her relationship with the trust is also very fraught. The trust told me to go after her instead, but she literally doesn’t have money so it would be pointless. The last fourteen months have been so stressful on myself and my client’s provider. My client is extremely heavy care due to physical and mental issues. That money goes a long way for her care and the trust has done the opposite of what they should be doing: looking out for her and her needs, and making our lives easier, not harder.
Any help or advice is appreciated! Sorry for the length!
I care for a disabled and mentally incapacitated individual who has a guardian that handles her personal account and a separate professional trustee that handles her special needs trust. Last year my client was on private pay for a month because her guardian didn’t complete paperwork in time to receive state benefits. The guardian ended up being short about half of the care costs that month, but slowly paid down the balance until there was a couple thousand dollars left. The guardian is now completely out of funds so I went to the trust, who has now refused to pay the balance for the last fourteen months. My client has a six figure sum in her special needs account, so the funds are not the issue.
I was recently advised to take the trust to small claims court, and I advised the trust that I would consider this after a recent conversation with their rep who said that they’re being punished for the guardian’s mistake and that they would get in trouble legally if they paid off the balance, but couldn’t give me specifics for how they would get in trouble. They also disregarded me when I told them that they work for my client, not the other way around, and they basically said that it’s not her money since her now-deceased father set the trust up and gave specific instructions for how to use the funds (the instructions are actually very general).
The trust also covers supplemental needs of the client (clothes, special food items, decor), and after our somewhat contentious conversation last week the rep sent an email saying they would only allocate $250 per quarter for any of my client’s supplemental needs and that all items we purchased and requested reimbursement for would need to be pre-approved by them. They also requested a written attestation for each reimbursement request going forward. For reference, I have been taking care of my client for three years and they never once had an issue with reimbursements or mentioned caps until now. My client’s supplemental needs range from between $100-$200 monthly since my client has a very special diet that requires expensive food items not covered by insurance (low sugar, high protein, ThickIt, etc.), besides the fact that for the first year and a half that my client was in my care, I covered everything out of pocket before the trust began reimbursing.
I am at a loss for what to do. The trust has a lawyer on retainer which is extremely intimidating, and they have made it clear that their priorities do not lie with what is best for my client. They act like the money is theirs for some strange reason. Over the past three years, they have charged $10K in fees to my client’s account but refuse to pay $2K in legitimate care needs on top of now placing a cap on supplemental needs that are literally the only things my client looks forward to. I want to know if I have a case if I take them to small claims court, especially considering that they have a lawyer and I can’t afford one.
The guardian is basically out of the picture and has said she will not get involved. Her relationship with the trust is also very fraught. The trust told me to go after her instead, but she literally doesn’t have money so it would be pointless. The last fourteen months have been so stressful on myself and my client’s provider. My client is extremely heavy care due to physical and mental issues. That money goes a long way for her care and the trust has done the opposite of what they should be doing: looking out for her and her needs, and making our lives easier, not harder.
Any help or advice is appreciated! Sorry for the length!
