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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 118166
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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My mom in law has been in a nursing home years. About

Customer Question

My mom in law has been in a nursing home for two years. About 6 months ago we were told by the financial clerk that my mom in law owes 12,000 due to the fact when my mom in law first went into the nursing we were not told to discontinue having taxes taken out of her social security and teacher's retirement. The financial clerk says the county saw Helen's (mom in law) income (spend down) total without taxes taken out. However, each month we receive paperwork from the county stating Helen has met her spend down. So to "make up" that $12,000 anything above the $95/month Helen is allowed will go towards paying off that large amount. We had also gotten a refund of $1500 a while ago from an over payment from the assisted living sister place Helen paid. We wanted to take that money and put towards Helen's funeral fund and could not as it was used towards the paydown of that $12,000. My question is: can the financial clerk do all this and doesn't she need to provide some kind of an actual bill for the $12,000? Helen's monthly account from the nursing home never has shown any left over money going to pay this amount down. Thank you.
Submitted: 2 years ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
This sounds as though the home is miscalculating the amounts or playing games. The financial clerk cannot do all of this without authorization from your mom in law or her power of attorney. The home also has to prove all of the money due so your mom in law's power of attorney needs to request proof of the amount of the debt and how they calculated it, especially in light of the $1500 refund you received and make them account for the money being due.