son responsible for deceased mother's bills?

[Scarlet]

WI -- my grandmother recently passed away and has outstanding medical bills from the nursing home she was at. My uncle, her power of attorney, signed a paper saying he would be legally responsible for any bills not covered under medicaid/medicare. i recently read a book stating that decendents cannot be held responsible for a parent's medical bills and that if a paper was signed stating otherwise, that paper could be over-turned. My uncle does not have the money for the incured costs and would probably have to declare bankrupcy.

is the statement from this book true?

---sorry if this is the wrong forum for this question---

 

[BelizeBreeze]

WI -- my grandmother recently passed away and has outstanding medical bills from the nursing home she was at. My uncle, her power of attorney, signed a paper saying he would be legally responsible for any bills not covered under medicaid/medicare. i recently read a book stating that decendents cannot be held responsible for a parent's medical bills and that if a paper was signed stating otherwise, that paper could be over-turned. My uncle does not have the money for the incured costs and would probably have to declare bankrupcy.

is the statement from this book true?

---sorry if this is the wrong forum for this question---

That is a contract. He is responsible.

 

[Scarlet]

alright, thanks.
Could he have refused to sign that paper? or does someone have to be financially responsible?

 

[Litigation!]

alright, thanks.
Could he have refused to sign that paper? or does someone have to be financially responsible?

My response:

Sure, he could have refused to sign the agreement. But, what does that have to do with anything, now?

What do they say about hindsight? Oh, yes. It has 20/20 vision.

IAAL

 

[Scarlet]

i know, i was just curious.
thanks. We'll go from here i guess.

 

[LdiJ]

WI -- my grandmother recently passed away and has outstanding medical bills from the nursing home she was at. My uncle, her power of attorney, signed a paper saying he would be legally responsible for any bills not covered under medicaid/medicare. i recently read a book stating that decendents cannot be held responsible for a parent's medical bills and that if a paper was signed stating otherwise, that paper could be over-turned. My uncle does not have the money for the incured costs and would probably have to declare bankrupcy.

is the statement from this book true?

---sorry if this is the wrong forum for this question---

Did he sign the paper on her behalf in his position as her attorney in fact? Or did he sign the paper on his own behalf? That could make a difference.

 

[Scarlet]

Did he sign the paper on her behalf in his position as her attorney in fact? Or did he sign the paper on his own behalf? That could make a difference.

I guess i'm not sure....

I think the paper said "I, (my uncle's name), agree to be responsible financially for (my grandmother)" and then he signed it at the bottom. We have a copy of it, but i don't have it handy. So the nursing home has made the bills out to him that are not covered by medicare/medicaid. He assumed that because he was her power of attorney and son, that he was supposed to sign it. I don't think he knew if he could refuse to sign it.

Will he have to sue to get the bills out of his name?
If he declared bankrupsy, would he still have to pay those bills?

 

[LdiJ]

I guess i'm not sure....

I think the paper said "I, (my uncle's name), agree to be responsible financially for (my grandmother)" and then he signed it at the bottom. We have a copy of it, but i don't have it handy. So the nursing home has made the bills out to him that are not covered by medicare/medicaid. He assumed that because he was her power of attorney and son, that he was supposed to sign it. I don't think he knew if he could refuse to sign it.

Will he have to sue to get the bills out of his name?
If he declared bankrupsy, would he still have to pay those bills?

He needs to consult a local attorney. If that is the way that the paper read, then he personally agreed to take financial responsibility for her. He may be able to fight it, but he needs the advice of a local attorney.

 

[Scarlet]

thanks. I appreciate your help

 

[ceara19]

I guess i'm not sure....

I think the paper said "I, (my uncle's name), agree to be responsible financially for (my grandmother)" and then he signed it at the bottom. We have a copy of it, but i don't have it handy. So the nursing home has made the bills out to him that are not covered by medicare/medicaid. He assumed that because he was her power of attorney and son, that he was supposed to sign it. I don't think he knew if he could refuse to sign it.

Will he have to sue to get the bills out of his name?
If he declared bankrupsy, would he still have to pay those bills?

If your grandmother was on BOTH medicare AND medicaid, there should not be any bills to pay.Medicare would hve paid up to whatever it is that they pay and medicaid would have paid for the rest. If she was on medicaid, the nursing home would have also gotten all but $30 (I think) of any social securtiy checks she received.

Have your uncle send a copy of all the bills he has received to office her medicaid was taken care of and they can take it from there.

 

[Scarlet]

i guess medicaid only covers semi-private rooms. my uncle did not know this and had my grandmother in a private room, which was where she was placed when she initally went into the nursing home because the semi's were taken. my uncle was unaware that he should have moved her as soon as a semi opened up. so there is an extra $80 per day for 3.5 months that is not covered. he's been working with medicaid people for the last few weeks. he didn't want to move her then because she was too weak and getting weaker.

thanks for the advice i'll double check with him that the medicaid office has seen these bills.

 

[ceara19]

i guess medicaid only covers semi-private rooms. my uncle did not know this and had my grandmother in a private room, which was where she was placed when she initally went into the nursing home because the semi's were taken. my uncle was unaware that he should have moved her as soon as a semi opened up. so there is an extra $80 per day for 3.5 months that is not covered. he's been working with medicaid people for the last few weeks. he didn't want to move her then because she was too weak and getting weaker.

thanks for the advice i'll double check with him that the medicaid office has seen these bills.

Did the nursing home put her in a private room or did your uncle ASK that she be put in a private room? If the nursing home put her there, they have to eat the cost difference. A nursing home that accepts medicaid patients know that medicaid will only cover a semi-private room. They also have the right to turn medicaid patients away if there are no available semi private beds. If your grandmother or uncle did not REQUEST a private room, the nursing home's medicaid contract explains that they can PUT a patient in a private room but they can only BILL for a semi private.

 

[Scarlet]

She was first "put" there (i don't believe there was ever a question of what type of room because all they had at the time was private) when she had hernia surgery in october for "rehab". then she had a stroke while she was there so they let her stay for continued "rehab", never said anything about medicare/medicaid problems. and then a month ago, after she'd been there for 2.5 months, my uncle was told he'd have to find another nursing home because this one is not completely medicaid certified or licensed (the 8 beds that were medicaid beds were full with healthy-ish people) and wouldn't cover $80 for the private room back to 12/1/05-when the "rehab" was complete (meaning she was no longer getting better, but stable). he filled out applications but apparently missed one of the financial sections. he says he was never notified that he didn't have complete the app's. so a week ago, the current nursing home said sorry, you have 30 days to find somewhere cuz these weren't filled out properly and we dont' think uncle has grandmother's best interests. so he and my mom went around again, got app's and made sure they were done and someone checked them. two days later medicaid nursing homes called to say they had space, and the next day my grandmother passed.

knowing that a big bill is coming, should my uncle, who now has very ill will toward this nursing home, go to them before he gets the bill to say he will need assistance paying it?
or should he see a lawyer before doing that? ---he has no money to do so, is there somewhere he can go for inexpensive assistance?

 

[LdiJ]

Your uncle should at least consult with an attorney, even if he doesn't hire one at this point. Many attorneys give free initial consults, but even if the ones in your area don't, paying for 30 minutes to a hour of the attorney's time would probably be in your uncle's best interest.

 

[ceara19]

She was first "put" there (i don't believe there was ever a question of what type of room because all they had at the time was private) when she had hernia surgery in october for "rehab". then she had a stroke while she was there so they let her stay for continued "rehab", never said anything about medicare/medicaid problems. and then a month ago, after she'd been there for 2.5 months, my uncle was told he'd have to find another nursing home because this one is not completely medicaid certified or licensed (the 8 beds that were medicaid beds were full with healthy-ish people) and wouldn't cover $80 for the private room back to 12/1/05-when the "rehab" was complete (meaning she was no longer getting better, but stable). he filled out applications but apparently missed one of the financial sections. he says he was never notified that he didn't have complete the app's. so a week ago, the current nursing home said sorry, you have 30 days to find somewhere cuz these weren't filled out properly and we dont' think uncle has grandmother's best interests. so he and my mom went around again, got app's and made sure they were done and someone checked them. two days later medicaid nursing homes called to say they had space, and the next day my grandmother passed.

knowing that a big bill is coming, should my uncle, who now has very ill will toward this nursing home, go to them before he gets the bill to say he will need assistance paying it?
or should he see a lawyer before doing that? ---he has no money to do so, is there somewhere he can go for inexpensive assistance?

He shouldn't have to do either. Grandma was accepted as a medicaid patient and was moved from the private room before the 30 day deadline given by the nursing home. The home was well aware of the fact that medicaid doesn't cover private rooms from day one, so they can't even attempt to claim they were under the impression that medicaid would pay up until they received the notice that the $80 charge was NOT covered. Have your uncle call grandma's caseworker at Health & Human services, they can help get the matter straightened out. If he's gotten any of the EOB's from medicaid yet, he can read the info on either the bottom or the back (I can't remember which). It very clearly explains that their office should be notified if ANY actual BILL is sent by any health care provider for any type of medical service or treatment. The only bill we every got from my great grandma's nursing home was from the beauty salon they had, because that was not MEDICAL treatment. If the nursing home is trying to collect money from a patient (or patient's family) for medical services and/or treatment provided to a medicaid patient, they are in violation of their government contract that allows them to not only accept MEDICAID patient, but also MEDICARE patients and they risk lossing federal reimbursement and/or funding.