U.S. CitiesCity-Data Forum Index
Covid-19 Information Page
Go Back   City-Data Forum > General Forums > Economics
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
 
 
Old 01-15-2013, 03:11 PM
 
19 posts, read 26,632 times
Reputation: 32

Advertisements

My mother is in Hospice care & physically and mentally doing very poorly. This past Friday a company representing the nursing home she came from served her papers for a dept of $24,000 and change. My question is does the person being served "my mother" have to be healthy physically and mentally in order to be served ? My mother new nothing of being served and I was told by the front desk. This is in Westchester, NY

Thanks in advance !!
Rate this post positively Quick reply to this message

 
Old 01-15-2013, 04:11 PM
 
Location: The Triad (NC)
31,373 posts, read 69,765,043 times
Reputation: 37459
Quote:
Originally Posted by pjm333 View Post
My question is does the person being served "my mother" have to be healthy
physically and mentally in order to be served?
I'm going to say no (which is why this was able to happen).

Drop in at the business office at the hospice center and ask for some direction and recommendations
for an advocate or attorney to help MOM. Things to mention in the conversation will include the terms
"Trustee" and "Durable Power of Attorney"

Good luck to all of you.
Rate this post positively Quick reply to this message
 
Old 01-15-2013, 06:06 PM
 
19 posts, read 26,632 times
Reputation: 32
MrRational,
Thanks for your help !!
Rate this post positively Quick reply to this message
 
Old 01-16-2013, 07:48 AM
 
3,763 posts, read 11,343,264 times
Reputation: 6787
Sorry to hear about your mother's health concerns, I hope hospice is able to provide some assistance for her and your family.

As far as the nursing home, it is likely that that debt will be assessed against her estate after she has passed, so just be aware of that.

And no, process servers do not care about the health of those that are being served. If your mother already had a guardian or something like that, it is likely they would have been contacted, but since your mother is apparently responsible for herself - they went to her directly.

Just make sure you (or your siblings/spouses) do not ever sign anything saying you will personally be responsible for her debts/bills/care.

best of luck to you and your family.
Rate this post positively Quick reply to this message
 
Old 01-16-2013, 07:57 AM
 
19 posts, read 26,632 times
Reputation: 32
Briolat21,
Thanks for your reply, Sorry but I forgot to mention that i am the Power of Attorney, health care proxy for my mother. Thanks again !!
Rate this post positively Quick reply to this message
 
Old 01-21-2013, 04:15 PM
 
19 posts, read 26,632 times
Reputation: 32
I talked to a attorney and a persons physical or mental state is irrelevant in regards to being served by a collection agency & the Nursing Home and Hospice care didn't have any answers for me.

Another question is I was told by a lawyer I deal with to respond to the collection letter within 30 days. After looking into the bill/dept the collection agency is correct and my mother does owe the money. Do I still respond ? Thanks again !
Rate this post positively Quick reply to this message
 
Old 01-21-2013, 04:45 PM
 
Location: The Triad (NC)
31,373 posts, read 69,765,043 times
Reputation: 37459
Quote:
Originally Posted by pjm333 View Post
I was told by a lawyer I deal with to respond to the collection letter within 30 days.
After looking into... Do I still respond?
Your MOM needs an attorney and elder advocate.
If you are the advocate (and POA)... you (both) still need an attorney to guide you.

Not a coffee shop chat with somebody...
not the advice of strangers on the internet...
an actual attorney - with elder care experience - under retainer.
Rate this post positively Quick reply to this message
 
Old 01-21-2013, 07:50 PM
 
3,763 posts, read 11,343,264 times
Reputation: 6787
Quote:
Originally Posted by pjm333 View Post
I talked to a attorney and a persons physical or mental state is irrelevant in regards to being served by a collection agency & the Nursing Home and Hospice care didn't have any answers for me.

Another question is I was told by a lawyer I deal with to respond to the collection letter within 30 days. After looking into the bill/dept the collection agency is correct and my mother does owe the money. Do I still respond ? Thanks again !
As others have said you may really end up needing a lawyer.

If your mother does owe the nursing home (and it sounds like you agree that she does), is it possible it would be partially covered by her insurance?

Likely what's going to happen, is that the collection agency will assess the debt against her estate (any property she might own that has monetary value)

You can speak for your mother to the collection agency as POA for your mother, just make sure you never say that you PERSONALLY will be responsible for the debt.

That is a big trick with collection agencies -- after someone has passed they will call up relatives that they can locate and try to guilt them into assuming the debts themselves -- which you have no responsibility to do.

If your mother doesn't have insurance, and can't pay the bill - its likely that she should have applied for medicaid (which does pay nursing home fees, but only people meeting very low asset/income levels can qualify) -- but I don't think you can apply for medicaid retroactively for bills incurred in the past.

If you talk to the colleciton company, I would explain that your mother is dying (i.e. hospice), and that her estate (if she leaves any) will attempt to settle their debt.

If she passes away with no estate (no property, no money, no stock, no real estate, no autos, etc..) - then they will just have to write off the debt. They can't come after photo albums and dishes and other household items.

Sorry you're having to deal with this at such a terrible time. Hope that hospice is bringing you and your mother some comfort.
Rate this post positively Quick reply to this message
 
Old 01-22-2013, 03:46 AM
 
19 posts, read 26,632 times
Reputation: 32
Briolat21,
Thank you for your response. My mother did have medicare & a supplementary health insurance but medicare only covers the first 100 days of nursing home care. She did enter this nursing home on January 2nd but was not covered by medicare because a person/patient needs to go home for 2 months in order for medicare to cover someone/start again. My mother has been in a nursing home for over 2 yrs straight.
My mother did get medicaid when she started hospice and medicaid does cover preexisting medical bills (they cover 3 months back) but was penalized 3 months for her income. She has no money but does own a condo which 1/2 of it is in my sisters name so her 1/2 will go towards her dept. Thanks again for your help !!
Rate this post positively Quick reply to this message
 
Old 01-22-2013, 07:36 AM
 
3,763 posts, read 11,343,264 times
Reputation: 6787
OP --

Sounds like you have a good handle on things. Yes, it seems as though your mother's asset in her portion of her condo will be used to settle this debt.

You may want to consult with an attorney to figure out how to get the debt collection agency to back off a while so that you can deal with the immediate situation (your mother's failing health).

Also - you may want to make sure your sister realizes the condo will have to be sold (or she will have to buy your mother's half out) in order to settle the debt/estate.

My best to you -- My father went private pay in a nursing home (he has medicare and a supplemental as well) - and it would have ultimately bankrupted him. Fortunately we were able to bring him into our home - but we were very lucky in that. Its truly amazing how much nursing homes charge.

Again - so sorry you're having to deal with this now, along with you're mother's ill health. I hope a lawyer can help you to get the collection agency to back off for a bit so that you can focus on what is most important.
Rate this post positively Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


 
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:
Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Economics

All times are GMT -6.

© 2005-2021, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Contact Us - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 - Top