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Do you handle Elderlaw questions. New Jersey. A complaint to…

Customer Question
Do you handle Elderlaw...

Do you handle Elderlaw questions

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

New Jersey

Lawyer's Assistant: Has anything been filed or reported?

A complaint to the ombudsmen office.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't know if my whole message went through before. I got an "our apologies"

Submitted: 10 months ago.Category: Legal
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Answered in 5 minutes by:
9/29/2017
Lawyer: INFOLAWYER, Attorney replied 10 months ago
INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 63,619
Experience: Licensed attorney helping individuals and businesses
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Hello and welcome. I am working on your answer and will be right back!

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Lawyer: INFOLAWYER, Attorney replied 10 months ago

what can I answer for you?

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Customer reply replied 10 months ago
My Grandmother is currently in a nursing home with Medicaid pending. She was Coerced into signing all of her financial over to the facilities third party biller Future Care. We have requested copies of these documents numerous times, even now having POA. She still currently has her Medicare supplemental insurance that she pays for, we were advised from the nursing home that the bills should be submitted to Future Care for payment from her account. Future care has responded with "Hi, we cannot pay this bill until Medicaid gets approved with no penalty and they exempt this on the budget letter. If someone pays it and we get proof once Medicaid gets approved, we can reimburse them. At this point, we have no payer source for her here." I do not understand how this can be. I have already called every agency in NJ possible and they all continue to send me to another agency. What I need to know is, is Future care in the right? If not, which I believe is the case how can we go about this?
Lawyer: INFOLAWYER, Attorney replied 10 months ago

The agreement needs to be turned over to her and if she wont seek it or cannot, a poa acting for her. Then, agreements done under duress or fraud can be set aside either by lawyer negotiation or by litigation in court. Normally one would not turn over finances but at most agree to pay bills as they come due and not covered by insurance.

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Lawyer: INFOLAWYER, Attorney replied 10 months ago
You want to prepare your case by creating a time line starting from the earliest event. For each event, write down key details and witnesses and if there is a document that relates to it, save it and refer to it. This timeline can be very valuable in narrating your case and presenting it later in a concrete and specific way.martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options.By being prepared and pressing your claim, the other side should feel the pressure and consider the risk of losing and legal fees. That realization can help bring about a settlement!Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Customer reply replied 10 months ago
They have not turned the agreements over to the POA after several requests, the responses from future care are just threatening responses " the nursing home legal staff will have all legal remedies taken to recoup any charges not paid for care provided."
Lawyer: INFOLAWYER, Attorney replied 10 months ago

Poa can contact their legal department, report to the attorney general, have a lawyer send a letter threatening legal action, and finally can sue to void the arrangement on basis of fraud, duress, unconscionability

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Customer reply replied 10 months ago
How else should we go about requesting copies of these documents? A formal complaint to the Ombudsmen office was made months ago and still nothing.
Lawyer: INFOLAWYER, Attorney replied 10 months ago

Poa can contact their legal department, report to the attorney general, have a lawyer send a letter threatening legal action, and finally can sue to void the arrangement on basis of fraud, duress, unconscionability

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Lawyer: INFOLAWYER, Attorney replied 10 months ago

are my replies acceptable?

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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