Question: When my mother was diagnosed with Alzheimer’s disease, since I was the only one of her three children living near her, I took on the responsibility to care for her in my home for nearly six yearsBE AWARE OF YOUR RIGHTS WHEN IT COMES TO NURSING HOMES
Question: After my mother was diagnosed with Alzheimer’s disease, I cared for her in my home since I was the only one of her three children living nearby.
After two years, I had to stop working in order to provide her with the constant care she needed because we could not afford to bring in outside help. A year and a half later, my husband left me because of the constant stress and emotional and economic upheaval, and we are now divorced. Then I was diagnosed with cancer. And finally, having done all I could for as long as I could, circumstances forced me to place my mother in a nursing home. By then, all she had left was $16,000 in a bank account that I handled for her under a power of attorney.
At the time of admission, the nursing home required that I provide them with not only my mother’s financial information, but also mine. They told me that they could not admit Mother without me guaranteeing payment – even though all I have is my home, a small savings, and a small monthly alimony payment.
When Mother’s money ran out, I wanted to apply for Medicaid, but was told by the nursing home that I could not change the manner of payment in midstream. They also told me that since I had guaranteed the payments, they would allow Mother to stay and we would work things out. Mother died six months later, and now the nursing home is claiming that I owe them nearly $22,000. I am 66 years of age, am ill, and have no future to speak of. I can’t afford to lose my home and bank account. What can I do?
Answer: Although we hear from many caregivers like you find themselves alone and financially devastated, there are at least three protections that you and others in like situations should know about: (1) According to federal law, a nursing home can not condition the admission of a resident on the individual financial guarantee of a family member or friend. (2) According to federal law, even if a family member or friend signs a guarantee as a "responsible party," the facility can not enforce such an agreement. (3) Under federal law, a nursing facility that is certified by Medicaid can not discharge a patient who changes his or her source of payment from private pay to Medicaid.
What does all of this mean to you? (1) On behalf of your mother, assuming she met the medical and financial criteria in your state, you had the absolute right to apply for Medicaid and, if your mother was eligible, the nursing facility would have been required to accept the amount Medicaid paid without further claim. The nursing facility was wrong to tell you that you could not change your mother’s source of payment. (2) The nursing facility could not discharge your mother if she changed the source of payment for her care. (3) The guarantee you signed is void and unenforceable – meaning that you personally owe the nursing home nothing.
What should you do? Write the nursing facility, tell them that you owe them nothing. Ask them to write "void" on your "guarantee," and return it to you. Keep a copy of your letter. If they persist in their claim against you, hire an attorney who is familiar with the federal statute which prohibits this type of conduct.
Jan Collins is an award-winning writer and editor. Jan Warner is a matrimonial, tax, and elder law attorney. Both are based in Columbia, South Carolina. Flying Solo is distributed nationally by Knight-Ridder/Tribune Service.
Please send your questions by e-mail to janwarner@flyingsolo.com or by mail to P.O.Box 11704, Columbia, S.C. 29211. Because of volume, questions can be answered only in the column.
