Nursing Home Problem

[LostinSpace]

My mom was in a nursing home paying her own way for about 4 years before she passed away this fall. My uncle paid on time every month and I am sure there was never an issue with the money. Since she died on September 4th and my uncle had already paid for September, we are due a refund for the 26 days she was not there. He has been fighting and getting the run around since September. He even had the local back call and they go nowhere. I believe she was paying around $4500 per month for the nursing home, so we are talking about about close to $4000 that the home owes us.

Any suggestions on how we can get this low life company that owns the nursing home to pay my mom's estate? They are not denying that they owe us the money, they are just not paying.




Thanks,
Lost

Originally Posted by LostinSpace

My mom was in a nursing home paying her own way for about 4 years before she passed away this fall. My uncle paid on time every month and I am sure there was never an issue with the money. Since she died on September 4th and my uncle had already paid for September, we are due a refund for the 26 days she was not there. He has been fighting and getting the run around since September. He even had the local back call and they go nowhere. I believe she was paying around $4500 per month for the nursing home, so we are talking about about close to $4000 that the home owes us.

Any suggestions on how we can get this low life company that owns the nursing home to pay my mom's estate? They are not denying that they owe us the money, they are just not paying.




Thanks,
Lost

I am sorry for the loss of your Mom.

And now this aggravation, on top of your grief.

Do you live in an area that has media investigators (TV/newspaper)?

If so contact them.

It sounds as if these people need to be exposed for their mean-spirited nasty, business practices.

Also, as per another poster, contact the AG and any other city/ county/state officials that you think can help you.

[LostinSpace]

Originally Posted by ember

Do you have a lawyer who handled your mom's affairs/estate when she died? Someone who executed the will? Can they help?

Yes, we she had a lawyer, but by the time we pay the lawyer, the money will be gone. I don't trust her AT ALL!

This is same lawyer that let my mom change her power of attorney and set a new executor of her will when she had already been to Mayo Clinic and diagnosed with Alzheimers. She was in the paranoid stage and thought her kids were against her, so she appointed her brother in charge and gave him power of attorney. It was a major problem at times over the years, but we never fought it. She was very unprofessional to me and insinuated that my sister and I were only after my mom's money. I was so hurt by her attitude and comments.

My mom had watched as my dad's money and assets were eaten away by a nursing home and she did NOT that to happen to her. She wanted her kids and her grandkids to have her money. Not that she had much money to begin with, but it was HER money and she had worked hard and was proud of what she had. Unfortunately, my mom set up her trust incorrectly and she ended up losing most of her money to the nursing home anyway.

Sorry to rant, but this LAWYER really ticked me off. The funny thing is this is a small town. She went to school with my brother and worked with my dad's sister for many years. She knows our family and what we went through with our dad. You'd think she would realize we know what we are doing.

Lost

[LostinSpace]

Originally Posted by crocdog

I am sorry for the loss of your Mom.

And now this aggravation, on top of your grief.

Do you live in an area that has media investigators (TV/newspaper)?

If so contact them.

It sounds as if these people need to be exposed for their mean-spirited nasty, business practices.

Also, as per another poster, contact the AG and any other city/ county/state officials that you think can help you.

I mentioned that to my sister the other day and she is going to contact them. Since my uncle is the only one with poa, he has to be involved and he did agree with her on this.

[Shells2]

Do you have any paperwork from when she signed herself in?

If it was treated like a rental property on a "month to month" basis, unfortunately you may not be entitled to the refund. I'm not sure though - I would definately have a talk with a lawyer.

[LostinSpace]

Originally Posted by Shells2

Do you have any paperwork from when she signed herself in?

If it was treated like a rental property on a "month to month" basis, unfortunately you may not be entitled to the refund. I'm not sure though - I would definately have a talk with a lawyer.

The home has admitted they owe us the money. It just has to come from 'corporate' and we don't know who or where 'corporate' is.

[Jay]

Originally Posted by LostinSpace

My mom was in a nursing home paying her own way for about 4 years before she passed away this fall. My uncle paid on time every month and I am sure there was never an issue with the money. Since she died on September 4th and my uncle had already paid for September, we are due a refund for the 26 days she was not there. He has been fighting and getting the run around since September. He even had the local back call and they go nowhere. I believe she was paying around $4500 per month for the nursing home, so we are talking about about close to $4000 that the home owes us.

Any suggestions on how we can get this low life company that owns the nursing home to pay my mom's estate? They are not denying that they owe us the money, they are just not paying.




Thanks,
Lost

How is the refund acknowledged, in print or verbally?? Let me know.

They are certainly "unjustly enriching" themselves (unjust enrichment) for a FULL payment for a partial stay.

SC small claims has a limit of $7,500.00:



SECTION 22-3-10. Concurrent civil jurisdiction.

Magistrates have concurrent civil jurisdiction in the following cases:

(1) in actions arising on contracts for the recovery of money only, if the sum claimed does not exceed seven thousand five hundred dollars;


http://www.scstatehouse.gov/code/t22c003.htm

[BorderCollieMom]

Originally Posted by LostinSpace

The home has admitted they owe us the money. It just has to come from 'corporate' and we don't know who or where 'corporate' is.

That should be pretty easy to find out. I'd bet theres a few sleuthers here that could find out who & where "corporate is". Could you post the name....location not necessary really.
Do you know if this "home" is a chain or is this one the only one.
Hmmmm, that makes me curious now. I'm going to look up my grandfathers and see what I find.

Sorry for your loss.

If she had Medicare or TRICARE or some such........give em a call.......trust me they will act on it and get your money refunded. It's equivalent to "balance billing" a patient and if they have a contract with either place I listed......they are bound by contract (accepting assignment on a claim by claim basis) NOT to Balance Bill..........and if they accepted assignment on any claim submitted....which as a SNF (or facility)...they usually have to (most anyway) they have to refund the money as well or be found in violation and possibly lose their ability to be providers for ANY government program including but not limited to Medicare, TRICARE and Medicaid. IF Your mom or her POA signed an ABN or Waiver of Liability...that could cause problems.

DONT let this slide...... feel free to PM me if you'd like.

[Sara6000]

Originally Posted by LostinSpace

I mentioned that to my sister the other day and she is going to contact them. Since my uncle is the only one with poa, he has to be involved and he did agree with her on this.

I'm so sorry for your loss, Lost.

Just so you know, a POA "passes" along with the Grantor; since you Mom has passed, the only one who can now legally act on her behalf is the Executor/trix of her estate. I'm curious to see if that's the attorney...

I'm going through a similar situation with an assisted living facility where my Mom lived for a number of years. IMO It's a sin the way our parents, and the elderly population in general, are being treated.

Please pm me if you want, as I'm passionate on this issue!

[Sara6000]

Originally Posted by BorderCollieMom

That should be pretty easy to find out. I'd bet theres a few sleuthers here that could find out who & where "corporate is". Could you post the name....location not necessary really.
Do you know if this "home" is a chain or is this one the only one.
Hmmmm, that makes me curious now. I'm going to look up my grandfathers and see what I find.

Sorry for your loss.

I found the corporate address of my Mom's facility from a search of the Registry of Deeds site. I'm fairly sure that land information is a matter of public record in all states.

[LostinSpace]

Originally Posted by Resty

If she had Medicare or TRICARE or some such........give em a call.......trust me they will act on it and get your money refunded. It's equivalent to "balance billing" a patient and if they have a contract with either place I listed......they are bound by contract (accepting assignment on a claim by claim basis) NOT to Balance Bill..........and if they accepted assignment on any claim submitted....which as a SNF (or facility)...they usually have to (most anyway) they have to refund the money as well or be found in violation and possibly lose their ability to be providers for ANY government program including but not limited to Medicare, TRICARE and Medicaid. IF Your mom or her POA signed an ABN or Waiver of Liability...that could cause problems.

DONT let this slide...... feel free to PM me if you'd like.

No, she was paying for it all on her own, unfortunately. Which makes it worse when you think of the money they made off of her all those years. I found that it is owned by a "FOR PROFIT" corporation, but that is all I could find. I know someone that worked there, so I may be able to get some information out of her.

[gnm109]

This is a perfect case for smal claims court. The amount is less than most jurisdictions alloe and the action can be quickly filed and brought to trial. There are no attorneys, no juries. There is only the judge, looking and listening to the testimony.