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What can i do if my aunt who lives in florida refuses to pay for her nursing care.

East Brunswick, NJ |

she has refused paying them ( for 2 months)saying she has no checking account. she does and has money in CD's. she is 92 years old. they called my dad he is 82 saying she won't pay and she has 45 day or they will put her in another facility. she is in florida we are in nj. I have a florida do not resuscitate order(durable power of attorney) in my name does that help us. the financial person at the nursing home tells us she is very smart and aware she just all of a sudden refuses to pay.

Attorney Answers 4

Posted

Your dad needs to talk to an attorney down in FL. We can't do much for her up in NJ. There's got to be more to it than what you're saying. If she is denying the existence of an account when she knows it's there, there might be something more serious going on that would necessitate a guardianship or something similar.

This answer does not create an attorney-client relationship. In order for you to establish such a relationship, you will need to pay an attorney who is licensed in the state you're currently living in. Feel free to give one a call and ask them, in order to get a more detailed answer.

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Posted

3 options. Do nothing and let the nursing home worry about getting paid, but this could lead to discharge of your aunt. If you have a quality financial POA [not a health care directive alone], use it to pay the nursing home, but you need FL counsel to review any POA before you try to use it. If your aunt is acting against her own interest, that may be a sign that she is a candidate for guardianship. Consult FL elder law counsel to decide what to do.

Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, former Chair NJ State Bar Association Elder and Disabilities Law Section, Member Board of Consultors of NJSBA Real Property, Trusts & Estates Law Section, Vice Chair Special Needs Law Section of National Academy of Elder Law Attorneys, and Master of Laws (LL.M.) in Taxation from N.Y.U. School of Law. Visit SpecialNeedsNJ.com for articles and Q&A on elder law, special needs, wills, trusts, estates, and tax. Visit SpecialNeedsNJ.com/blog and subscribe for free timely updates to be delivered to your inbox. Information on both Avvo and SpecialNeedsNJ.com does not constitute legal advice, as it is general in nature and may not apply to your situation or be subject to important changes. No attorney client relationship exists unless set forth in written engagement terms.

Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, former Chair NJ State Bar Association Elder and Disabilities Law Section, Member Board of Consultors of NJSBA Real Property, Trusts & Estates Law Section, Vice Chair Special Needs Law Section of National Academy of Elder Law Attorneys, and Master of Laws (LL.M.) in Taxation from N.Y.U. School of Law. Visit SpecialNeedsNJ.com for articles and Q&A on elder law, special needs, wills, trusts, estates, and tax. Visit SpecialNeedsNJ.com/blog and subscribe for free timely updates to be delivered to your inbox. Information on both Avvo and SpecialNeedsNJ.com does not constitute legal advice, as it is general in nature and may not apply to your situation or be subject to important changes. No attorney client relationship exists unless set forth in written engagement terms.

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Posted

I have two concerns. First, is your Aunt competent. It sounds as if a guardianship of your Aunt may be necessary since either she is not competent enough to handle her finances or she is risking her person by refusing to pay for her care. Second, what type of document do you really possess. Is it merely a DNR, is it some type of health care designation or is it a Durable Power of Attorney? Your solution to the issue could change dramatically based upon the document you possess or if she is competent might be able to have her sign. Since I practice law in Florida you can contact me or another Florida attorney to see how we can assist in your Aunt's situation.

This answer does not constitute legal advice and does not create an attorney client relationship. The answer is for information purposes only and is based on the limited information you provided. If you would like to discuss your Florida legal matter further please call my office at (904)353-0033 x 14.

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1 comment

James C. Higgs

James C. Higgs

Posted

The simplest solution appears to be a conservatorship or at the very least a protective order for the bill to be paid until funds exhausted.

Posted

Your Aunt need to contact an experienced Florida Elder Law Attorney who handles Medicaid qualification and application preocess. If she refuses to pay and is ineligible for Medicaid benefits then she will be required to self pay. Medicaid is an entitlement program with strict eligibility requirements.

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