In this interesting and informative video, prominent NJ elder law and Medicaid approval attorney, Fredrick P. Niemann, Esq., discusses a recent NJ court decision which reaffirms that a nursing home cannot sue a family member or Power of Attorney for unpaid charges in connection with a person’s nursing home expenses but can compel family members and individuals responsible for the finances of the resident to devote the resident’s funds toward payment of a nursing home bill.
Often times, nursing homes will seek to compel payment of an unpaid bill by either a Power of Attorney or close family member. This directly violates federal law.
A recent case questioned whether an admissions agreement that required the custodian of resident’s funds to devote the entirety of those funds toward the payment of the nursing home bill rather than to dispose of the money elsewhere. The court ruled that such a requirement in the admissions agreement is enforceable.
Mr. Niemann cautions family members to have their admissions agreement reviewed by a qualified elder law attorney to avoid personal liability and risks when assisting a loved one or friend or others seeking nursing home care.
By Fredrick P. Niemann, Esq., a NJ Medicaid and Elder Care Law Attorney