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Barrister
Barrister, Attorney
Category: Business Law
Satisfied Customers: 33726
Experience:  15 years practicing attorney, JD, BA, MBA
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My mother, 94, is a World War II veteran and was in a

Customer Question

My mother, 94, is a World War II veteran and was in a Colorado assisted living home for Alzheimer's and dementia. Veterans Affairs lost my mother's benefit papers for four years, which had helped pay for her assisted-living care. The home evicted her for
the amount owed and sent me the final bill with NO late fees. The assisted living home gave a collections attorney a new bill, several months after my mother was evicted, which had late fees added in for many many months, almost doubling the bill. I never
saw the bill and so the attorney send it to me. Can the home legally add in late fees five or six months after it a victim of my mother, when the final bill did not show said late fees? It's a doctored up bill with a new final date.
Submitted: 1 year ago.
Category: Business Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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I really hate to have to give a customer bad news, but it is part of the job... If this was in CO, then if the contract states that late fees apply to a delinquent payment, then there would be a 3 year statute of limitations for them to pursue them under a breach of contract claim under CRS 13-80-101..

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So yes, unfortunately it would be legal for them to add in the late fees if they are specified under the contract.

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With that said, unless you signed something agreeing to be financially responsible for her bills, then they could only pursue her for payment of any debts incurred.

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But this is something that, while legal, isn't morally right since the VA is responsible for the mistakes that led to this. I would suggest contacting your State Representative, Senator, or Congressman with this story to see if they could intervene on mother's behalf and assist because this is something that a politician would likely help with from a purely political perspective..

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

Customer: replied 1 year ago.
The assisted living home once applied some late fees, but removed them, and I might have that in writing.
Expert:  Barrister replied 1 year ago.

That could help if they agreed to waive any claim to them in writing due to the VA's mistake. But you would have to have something where they specifically stated they were waiving time in order to be legally binding and hold them to it.

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thanks

Barrister

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