The Nursing Home that my Deceased Dad was in after having a sudden stroke is trying to get a judgement against me stating that I was his POA & I should not have accepted yrly checks from him for my two children & myself. I did not sign any papers stating that I would be responsible. Their claims are that even though my dad was in good health taking care of his own home he should have kept his money due to the 5 yr lookback .( Dad started giving my children & I monetary gifts 11 yrs prior to his stroke. Can the Nursing Home get a judgement against me ? If so do they get a monetary settlement or a lien on my home. I am quite concerned & do not fully understand how they can go after me.
ATTORNEY ANSWER BY MARGARET L. CROSS:
Did you sign documents as power of attorney for your father? As a power of attorney, it was your duty to get your father approved for Medicaid if he was out of money. Did dad make the gifts or did you continue his gifting through the power of attorney? Did you refuse to return the gifts? Did you refuse to apply for Medicaid? All of these things will be looked at. You need to consult an attorney. It is quite possible that your actions prevented him for getting approved for Medicaid, and as such you could be liable.
Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.
Beliveau Law Group: Massachusetts | Florida | New Hampshire
The elder law attorneys at the Beliveau Law Group provides legal services for estate and asset protection planning. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.