Almost a month ago, I was served a lawsuit from the nursing home where my grandmother is at via a collection attorney. It’s almost at 100K owed after all her assets are cleaned out, most was to pay the 10k a month room and board. Why I was served the paper? Is it because I’m her guardian? Her Medicaid coverage ended last month because her house wasn't sold yet. I have buyers back out here and at closing I had to get approval from the surrogate court to even sell it. I don't want them going after my money to pay for it, I have rent to pay for my apartment, a car note and my own bills. A lot of stuff has come out of pocket on my end before I even became her guardian. My attorney wanted to make sure I was reimbursed for everything spent before I was guardian, but there are too many other things I have to take care of at the moment. I don't know how to pay for it, I have to remove a bad underground oil tank at her house and pay for the surety bond (which I have to pay annually till she passes). It’s such a mess I’m going thru. I just hope everything can be resolved. This is making me crazy and I have no idea where to go.
You need therefore to consult an attorney.
You wrote to us recently I believe about this issue? Or another story was almost mirror-similar to yours.
You will be reimbursed for attorney advice that is required to manage your grandmother's estate.
I am surprised this nursing home sent the bill to collections as your grandmother has an asset in this home, and they could have put a lien on the home by going to court themselves.
The collection company cannot attack your money unless you have not accounted for any money you took from your grandmother's estate by meticulous records you have kept. You, once you became guardian, were responsible for every penny into and out of your grandmother's estate. You mention an attorney saying you should be reimbursed; I hope you kept good records of all of that.
For now, this lawsuit will go forward and you are responsible as guardian for representing your grandmother's estate (which includes her home) in court. If she owed this bill, they will put a lien on her home. When the home is sold the lien will be paid to the nursing home.
SEE AN ATTORNEY. And gather all of your records. I am greatly in fear, given you do not seem to understand the role of a guardian completely, that you haven't kept great records. That would not go well in court, so you do now need an attorney to work all this out with.
When you say you are her guardian do you mean you went to court and petitioned for a guardianship/conservatorship, or are you referencing POA?
Secondly, Medicaid does not seek to recoup their money from any asset or resource until the patient dies. According to you, your grandmother is still alive.
Thirdly, why are you spending your money to do repairs to your grandmother’s house and removing an underground oil tank? Medicaid already has a lien on the house and will sell the house as-is upon your grandmother’s death. Whatever the house sells for will be all that Medicaid can recoup if your grandmother has no other asset.
You and your grandmother’s situation is too complicated and you need to hire an elder law attorney who is versed in the rules and regulations of how Medicaid works.
To answer Duped Wifes question.
This is an environmental thing. Before a house is sold, that tank has to be removed. My Mom went from oil to gas and she had to have the oil tank removed. Seems that Mom has no money.
I would go back to the attorney you hired for the guardianship and start there.
Find a qualified elder attorney with excellent references who has expertise in elder financial issues, particularly dealing with Medicaid. Do it now - before the situation becomes more complicated. Make sure you and the attorney agree on the services the attorney can/will provide and get a written engagement letter before deciding to hire. Make sure that it is clear that you wish the attorney to clarify your personal financial responsibility, if any, and assuming you have none (which I sincerely hope), have the attorney take steps to protect you by communicating in writing with the plaintiffs so they understand. Do not make any statements to collection agencies or the nursing home - let the attorney do that. Create a file and get copies of every single piece of correspondence the attorney sends to anyone on your behalf. Take any legal steps to protect your own assets - again get qualified advice from an attorney in writing before you do anything. Verbal conversations about any substantive issue in this matter will not be of any value in court and subject to arguments about who said what. Get important facts and advice in writing from your attorney or at least take good notes and keep a journal with the date, time and place of the conversation. This includes all correspondence sent by the plaintiffs to you or your attorney. You cannot be too detailed when dealing with an issue like this. Even if your own attorney says “relax - I’ve got this - you don’t need to do anything” don’t completely sit on the sidelines. Be an active participate with your attorney and ask questions. Make sure you hire an attorney who will be reasonable about your anxiety and not leave you hanging n the dark as to what they are doing. After all - until you are absolutely certain that your $ is not on the line, it is your heinie to protect and nobody else’s. On the other hand, if you like and respect your attorney, let them help you.
Number 2: See Number 1
The court thing was a bluff; they cancelled a few days beforehand.
Kept up the intimidation until I reached out to the State which put me in touch with the regional director of the company that owned the nursing home.
Whether or not you're overseeing Mom's finances, your personal funds are off limits
See All Answers