As I mentioned on another thread, I'm having a VERY difficult time understanding why I was handed this $10,000 (and that's after his insurance paid their bit) bill for John's recent month in the nursing facility from where I extracted him. I never placed him there. After his most recent hospital stay he was placed there by his daughter in CA.....everyone knew I wanted him back home. They hid him away from me, actually, and I had to find him. I have all kinds of proof that I've been trying to get him home for months. I asked why I was handed the bill and not the one who placed him there without my knowledge.....I was told that it's because I now have POA.......I couldn't have had the paperwork for 15 minutes. Also, should I have a lawyer order an audit of any money that has been paid out, to who and for what? He tells me he transferred a good sum of money to an account in FL before our accounts were frozen.....how can I find out information about THAT? It disturbs me that during my most recent conversation with my youngest daughter (which was months ago) that she is finally getting the money she needs to attend some schooling she wants in New York. hmmmm. SHOULDN'T THE PERSON OR PERSONS WHO PLACED HIM IN THE RECENT NURSING HOME BE RESPONSIBLE FOR THAT BILL???? I can't afford it and it's due JUNE 1.
DO NOT pay this bill. It is NOT your responsibility. You signed NO papers saying that you were responsible for this. Just because you have the POA now does not mean that you are responsbile for debts incurred BEFORE you had the POA.
Let 'em sue you. Better yet, have your lawyer send them a letter advising them to send the bill to the people who placed him.
I agree. You did not sign the admission papers as responsible party, but you have the power to access your DH funds, which is why they handed you the bill. However, since (his daughter?) had the POA at the time of admission, then she had the right to sign for him as responsible party, and therefore be responsible for his own expenses is the way I would interpret it. But I'm not an attorney, so I don't know. Just hold off until you do check it out with your attorney.
Call in to my elder law attorney first thing Monday morning!! Thanks! I've always been this "good girl" that does what she's told.....but not THIS time. And, no more.
Good for you StuntGirl. Better to pay an attorney than a $10,000 bill you don't owe. I'm surprised th nh went along with this but who knows what they were told. Someone signs a financial responsibility form at the time of admission and that person obviously wasn't you. Stand your ground. cs
Has the original Attorney In Fact been revoked and you have the POA now? Were his funds to be used to pay the nursing home? If so, I would think whoever has the POA and access to his funds, would be responsible. Just my take on it.
There seems to be a huge question about where his funds are and how they've been used. It's very important to get an attorney on this right away. If the evil stepchldren have misused/diverted his funds, they should be able to be recovered from them. And it's very important to have an attorney take a look at the admission papers/assumption of liability to see exactly who is responsible for this. From what SG has said, I really wonder if they evil ones have looted his accounts. Also 10,000 bucks seems awfully high for one month's care. 80,000 a year seems to be the going rate for premium care --- this is half again as much. This could get very interesting... unfortunately....
In Ct the going rate is about $10,000 a year. I agree with Shanteruse, get an attorney on this. Things seem awfully complicated legally and financially and if you make assumptions- well, you know what happens to that!! Your life is so complicated. It isn't stressful enough to take care of dh but everything layered on top. Wow!! I won't have that problem. No money to fight over!!
I've been thinking about your situation. It seems to me that if your lawyer can prove that the POA that the stepchildren obtained was FRAUDULENTLY obtained, that you and your husband would not have any financial responsibility to the nursing home -- it would come back on whoever signed the admitting papers. Of course, the lawyer fees to prove that might be a lot more than $10,000. However, it might be a useful threat to the stepchildren if you think they diverted $$$ for their own use, and you try to get them to repay it.