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Old 02-01-2010, 12:35 PM
 
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I need some advice. I've done a little research and found out I'm not responsible for my mom's medical bills. She has no estate. Here is my problem: She was in a nursing home for physical therapy only, not a permanent stay. The nursing home keeps harassing me for payment. Today they called and want me to apply for medicaid for her stay there! Do I really need to do this? Every time they call, it just brings all the grief right back to the surface. I need to move on. Is there any thing I can do or say to get them off my back? Is it really necessary to apply for medicaid after her death?

I would greatly appreciate any advice and thank you in advance.
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Old 02-01-2010, 12:40 PM
 
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Change your phone number if they don't stop hasseling you. Sometimes, it's the quickest way.
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Old 02-01-2010, 12:42 PM
 
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I would consult an estate lawyer or maybe one here will pop up but I will share my similar experience when my MIL passed some 10 years ago. I was getting her credit card bills with a lot of threatening letters saying I was somehow responsible. I consulted a lawyer and he said that the credit card company could go after the estate (there was none in my case) but they cannot go after a 3rd party. He advised me to send them a copy of the death certificate with a note saying that the party on the credit card was deceased and there was no estate. I did. More letters came but I just ignored them. Eventually they stopped.

I am not a lawyer and my situation is completely different than yours. I shared the story only to show that companies will go after you whether they legitimately can or not.
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Old 02-01-2010, 12:52 PM
 
Location: Planet Eaarth
8,955 posts, read 18,752,456 times
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Quote:
Originally Posted by ouijeewoman View Post
I need some advice. I've done a little research and found out I'm not responsible for my mom's medical bills. She has no estate. Here is my problem: She was in a nursing home for physical therapy only, not a permanent stay. The nursing home keeps harassing me for payment. Today they called and want me to apply for medicaid for her stay there! Do I really need to do this? Every time they call, it just brings all the grief right back to the surface. I need to move on. Is there any thing I can do or say to get them off my back? Is it really necessary to apply for medicaid after her death?

I would greatly appreciate any advice and thank you in advance.
If these call continue (and I'm sure they will) then either contact your states attorney or get your own lawyer. Now this assumes that your mom has passed on. If not then the nursing home needs to look for the person who has medical power of attorney since that is the person responsible for her care.

Good luck but be sure you do something or it "might" spin over onto your credit Rating.
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Old 02-01-2010, 12:54 PM
 
Location: Durham, NC
3,482 posts, read 9,679,302 times
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I remember this website being posted here before:

The Legal Responsibility of Adult Children to Care for Indigent*Parents - Brief Analysis #521

I always thought it was across-the-board that most of us have this responsibility. Maybe I'm wrong.
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Old 02-01-2010, 01:03 PM
 
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Quote:
Originally Posted by Tightwad View Post
If these call continue (and I'm sure they will) then either contact your states attorney or get your own lawyer. Now this assumes that your mom has passed on. If not then the nursing home needs to look for the person who has medical power of attorney since that is the person responsible for her care.

Good luck but be sure you do something or it "might" spin over onto your credit Rating.
Thanks for your quick response. My mom died in December of 2009. My main question is do I need to apply for medicaid now? The nursing home did ask me if I had medical power of attorney, which I did not have.
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Old 02-01-2010, 01:09 PM
 
Location: Planet Eaarth
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Quote:
Originally Posted by ouijeewoman View Post
Thanks for your quick response. My mom died in December of 2009. My main question is do I need to apply for medicaid now? The nursing home did ask me if I had medical power of attorney, which I did not have.
Find out who does have MPA, if anyone, otherwise find out who is handling her will, if anyone. If there is no one to handle her estate then it's time for a lawyer to find out your responsibility in the estate.

DON'T SIT ON THIS! GET MOVING TO GET A LAYWER TO AVOID ANY POSSIBLITY OF A JUDGEMENT THAT MAY NOT BE YOURS TO BEAR.
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Old 02-01-2010, 01:09 PM
 
1,981 posts, read 3,534,447 times
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Quote:
Originally Posted by superk View Post
I remember this website being posted here before:

The Legal Responsibility of Adult Children to Care for Indigent*Parents - Brief Analysis #521

I always thought it was across-the-board that most of us have this responsibility. Maybe I'm wrong.
From what I have read and researched so far, the estate is responsible. If there is no estate the bills go unpaid. My mother had no estate. She lived with me and my husband for the last 10 years.

I want to know if it is really necessary to apply for medicaid after her death.
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Old 02-01-2010, 01:12 PM
 
1,981 posts, read 3,534,447 times
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Quote:
Originally Posted by Tightwad View Post
Find out who does have MPA, if anyone, otherwise find out who is handling her will, if anyone. If there is no one to handle her estate then it's time for a lawyer to find out your responsibility in the estate.

DON'T SIT ON THIS! GET MOVING TO GET A LAYWER TO AVOID ANY POSSIBLITY OF A JUDGEMENT THAT MAY NOT BE YOURS TO BEAR.
I'm her only child, so there is no one who has MPA. She also has no estate.
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Old 02-01-2010, 01:15 PM
 
Location: Planet Eaarth
8,955 posts, read 18,752,456 times
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Quote:
Originally Posted by ouijeewoman View Post
from what i have read and researched so far, the estate is responsible. If there is no estate the bills go unpaid. My mother had no estate. She lived with me and my husband for the last 10 years.

i want to know if it is really necessary to apply for medicaid after her death.
this forum is not the place to ask this question. Get a lawyer to find out the legal (in your state) estate questions.
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