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Can a nursing home collect payment from me claiming that my deceased dad shoudn't have given me money 5 years before his stroke

Syracuse, NY |

This has caused me a great deal of stress as it isn't fair as far as I'm concerned.

I forgot to mention that my dad was in good health living in his home up until he had his stroke. He signed himself into the nursing home.

Attorney Answers 5

Posted

This is an "elder law" question. You need to consult with an elder law attorney in your state.

Attorney Lewis represents clients nationally and is licensed in Florida, Illinois, Kentucky, Ohio, Pennsylvania and Tennessee. THIS ANSWER IS PROVIDED AS A PUBLIC SERVICE FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED AS LEGAL ADVICE. PROVIDING THIS INFORMATION DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP NOR IS ANY INFORMATION SHARED CONSIDERED PRIVILEGED OR CONFIDENTIAL. AS WITH ALL LEGAL MATTERS, YOU SHOULD CONTACT AN EXPERIENCED ATTORNEY WHO IS LICENSED IN THE APPROPRIATE JURISDICTION AND BE AWARE THAT THERE ARE TIME LIMITS AND PROCEDURAL REQUIREMENTS FOR ASSERTING POTENTIAL CLAIMS.

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Asker

Posted

Thank you ! I do have a lawyer who calls this a frivulous lawsuit . I'm still worried as the nursing house hasn't responded to our response which was three weeks ago.

Posted

I would say probably not. There are many questions that need to be answered before making a final determination. I recommend that you consult with an experienced Elder Law attorney in your area.

The above is not intended to be legal advice, but may be used for general information. Please contact an attorney for specific help tailored to your needs. www.figgardenlaw.com

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Asker

Posted

My dad was in good health right up until he had the stroke. There weren't any more transfers at that point. He doesn't have any money in his estate. It is unjust that the nursing home can sue my children & I for money that my kind hearted dad gave us .

Asker

Posted

My dad gave me and my children yearly checks 5 years prior to his stroke. He hadn't had any medical problems up until then. He was 93 yrs old.living in his own home & taking care of it himself.

Posted

When someone is admitted to long term care and receives Medicaid payments there is a 5 year look back period and certain kinds of transfers can be invalidated. That doesn't necessarily mean you have to pay the money back but I agree with my colleagues - you need to consult an elder law attorney.

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Asker

Posted

I have consulted a lawyer & he seems to think that the nursing home cannot make me pay back money that my dad gave me & my children while in good health. I just need to confirm this as I am so stressed out over the unfairness of this issue.

Sean Thomas Wright

Sean Thomas Wright

Posted

Was there something about the response you got from the lawyer you consulted that did not give you confidence? You can get general legal information on here but based on the facts you've presented, there is no simple yes/no answer to your question. If you feel confident in your lawyer, then follow his advice and try not to let this stress you out too much. If you don't feel confident, then consult with another attorney. Good luck.

Asker

Posted

I appreciate your opinion . I just needed to confirm what my lawyer stated . I last the Medicaid fair hearing due to the monetary transfers my dad gave my children & I. They feel that he should have left the money in the bank in case he became ill eventually. He was 93 when he had the stroke. Thank you for your time .

Lawrence A Friedman

Lawrence A Friedman

Posted

It isn't at all unfair for the nursing home to try to get paid BUT that doesn't mean you have to go along with their bluff. While there can be circumstances where a child must return gifts or pay a parent's care bill, they are unusual.

Asker

Posted

Thank you ! I've suffered great stress over this situation. My dad was a very honest man & just wanted to help my children & myself . He was very active up until he had a stroke.

Posted

First of all, unless there is something you haven't told us, the nursing home doesn't have a right to collect from you. Secondly, it looks like the gifts were made more than five years ago. If this is the case they are beyond the Medicaid look-back period. If they were made less than five years ago, Medicaid would be telling you what to do, not the nursing home.

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Lawrence A Friedman

Lawrence A Friedman

Posted

Kelly, the nursing home very well could have a claim per fraudulent transfer law if the conveyance left dad unable to pay his bills. However, more likely the nursing home doesn't have such a claim.

Kelly Scott Davis

Kelly Scott Davis

Posted

True, but I didn't see any indication of fraud or transfer to defraud nursing home.

Lawrence A Friedman

Lawrence A Friedman

Posted

I agree with you Kelly but since we don't always get all the material facts on Avvo, I figure it's worth pointing out the possibility to the poster.

Asker

Posted

My dad was in good health when he gave my children & myself yearly monetary gifts. They were in the 5 year look back period. How can a nursing home ask me for the money back ?? Did I mention that there was a fair hearing which I lost due to the transfers ? This is very unfair !!

Asker

Posted

Kelly Scott Davis thank you . I now have an attorney who agrees with you. This has stressed me out & I appreciate any opinions posted.

Lawrence A Friedman

Lawrence A Friedman

Posted

The fact that the nursing home seeks payment from you doesn't mean that they necessarily are correct. However, it would be very difficult to contest w/o a lawyer.

Asker

Posted

Thank you Mr. Friedman ! I do have a reputable lawyer. I'm just trying to get as much input as possible as I have been very stressed out over this.

Lawrence A Friedman

Lawrence A Friedman

Posted

Assuming the nursing home is in NY State, I expect it would be difficult for the nursing home to succeed against children provided your dad retained sufficient funds to support himself after the gifts, but if the nursing home is in PA, that's a whole other story.

Asker

Posted

Yes, my dad did have sufficent funds plus his monthly S.S & pension. Thanks again .

Posted

I believe Mr. Davis is correct. As long as the transfers were done outside the five year look back period they cannot be treated as an invalid transfer. Further, though seemingly inapplicable in this matter as described, Medicaid (via the County office that administers Medicaid ) should be the only entity seeking reimbursemnt.

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7 comments

Asker

Posted

Michael, I lost the fair hearing with medicaid due to the monetary transfers that my dad gave me & my children within 5 yrs of having a stroke. He was in good health when he gave us the transfers.

Kelly Scott Davis

Kelly Scott Davis

Posted

The issue is whether the transfer was made "within" or "over" the five years immediately prior to making application for Medicaid.

Michael Todd Shilinski

Michael Todd Shilinski

Posted

I would want to know what was transferred and the details surrounding same if we are talking about "within" the five year look back period because the exemptions are pretty strict.

Asker

Posted

Yes it was within 5 yr. look back period while my dad was in good health which can be confirmed.

Asker

Posted

My dad transferred $73,000 divided between my two children & myself once a year for 5 years prior to his illness.

Asker

Posted

Every year my dad would give my children & I a monetary check prior to his illness which I have proof of. The nursing home feels that he should have kept the money in the bank IN CASE he became ill in the future. This is why I lost the Medicaid fair hearing .

Lawrence A Friedman

Lawrence A Friedman

Posted

It's not up to the nursing home but generally a penalty applies when gifts are made during 60 months preceding Medicaid app. There are exceptions but it usually takes a lawyer to make the case for exceptions.

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