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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118715
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Hi my name is XXXXX XXXXX my older middle brother resides

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Hi my name is XXXXX XXXXX my older middle brother resides in a nursing home and the facility is threatening my disabled brother to kick him out if he does not come up with the remaining balance of 5,000 he owes, you see the state or government temporary stopped his funds from coming to his bank to pay his rent where he resides witch is the convalescent. while that was going on my other older brother and I went thru hurtles trying to reinstate his funds to have in his account so he can pay his rent. but now he has direct deposit witch helps a lot, but when they temporary stopped his funds they trying to come after the family to pay his debt we don't have it they want to take us to court plus try and say we mismanaging his funds, we power of attorney to help him not inherit what he caint pay due to when they temporary stopped his funds we cannot recoop and fill in and pay just cause we his our brother, and they trying to call ombudsman on us we love and care for our brother and we want good care for him the constant threats his getting to be kicked out on the street if he don't produce 5,000 dollars of an outstanding bill. This is a terrible situation don't want my brother to have another stroke due to harassment of him and the facility harassing us the family to mandate pay what he cannot. Are we obligated to pay that sum of money. That is the question, we don't have it we barely surviving ourselves. They already have his account direct deposit, seems they still want those missed months of money he didn't have but the state did that they stopped his funds thought he had property and he didn't, so there is a gap of missed rent due to the government or state stopping it. We did help call go thru hurtles to get him continued back his funds. They trying to smear us say we used his money for us that's not the case at all.XXX-XXX-XXXX I filed a complaint with the Ombudsman I'm a mandated reporter If is suspect some abuse or neglect of any kind and they stopped his therapy due to no money and now they about to keep him out on the street Im very concerned....
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Have you contacted Medi-Cal about paying the amount due as back pay from where they stopped his checks?

Do they have any evidence that you used his funds for other than his own personal needs?
Customer: replied 4 years ago.

no evidence they going buy, what they saw in his account in his money before he started doing direct deposit there, mind you hes had lean and taxes he wasn't paying befor he got sick, and he had overdrawl fees that might have sucked his account up while no funds were there in those months. can they sue us or take us to court over a here say or suspicion of thinking we mismanaged his money he had bills clothes personal things he needed before he started the direct deposit. this is unfair we should not have to pay those months we are not obligated to assume his payments of rent if he has small checks or his rent out weighs what he brings in on the regular

Thank you for your additional information.

They can try to sue you, but all you need to do is show the account records, since these homes are just interested in money and they are low life leaches who suck every dime they can get out of the poor patients under their care. However, if you prove that the money was used exactly as it was supposed to be used they can neither sue you or get you removed as PoA for your brother. CA has no family or sibling liability law and if none of you signed as personal guarantors this home is blowing smoke about suing you.

Unfortunately, if he does owe the money because the rent was not paid for a period of time, I am afraid they can indeed file to evict him for non-payment and he will have to go or the court would order him evicted. Thus, if you cannot get the money together, then I would suggest you get looking for a new place for him and based on their attitude and conduct in not working with your brother and you, it would probably be good to get him out of there anyhow.

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Customer: replied 4 years ago.

Is it possible if we made some kind of arrangement to divide the 5,000.

like 2500 a piece for me and my brother to pay our middle brother rent. because moving him not good he is establishing friends and its close to us plus the continuity of care another hospital may do the same thing grass not always greener. I was thinking last resort to resolve the stress and contention and not to give him care cause he aint got money. maybe just 10 dollars a month or 25 dollars a month from each of us to pay it off. if it comes to that I rather not have his direct money stop and start again and months loss of a rent and somebody have to pay that if he moves it takes a month or so to switch his funds over to another facility to direct deposit his funds to go to another one. I already sent them a certify letter that we don't have the money to pay his back rent. nor are we obligated there is no brother of sister law like you said.

You can agree to pay the rent up if the home will accept it and not incur any further liability for future bills. The problem is that they will consider what you give him as income unless you write a loan agreement and make it a personal loan to him to pay bills, and that would stop them from stopping his check again.
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Customer: replied 4 years ago.

One more last question would it be wise to see what they going to do or just let them put him in another facility that's mean to evict him if this is the rout. can we counter sue for neglect and file complaint to ombudsman what good will that do. thank you for your time, and anyways all the skill nursing homes are bad one is not above another unless you live in a rich area. demographics matter.

Thank you for your follow up.

It would be wise to continue to negotiate with them on this and look for another facility in the meantime. Also, filing a complaint for the negligence would be proper if they are not giving him the care he needs. You can sue if he is harmed by their lack of care if the ombudsman cannot resolve the neglect complaint.