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.
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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