Questions About Legal Issues in Nursing Homes

1. What do I need to know before I sign a nursing home contract?

   Question - No. Take the contract home, sit down, and read it carefully. If your mother is able, go over it with her. And if you can afford to, it's also a good idea to have the contract reviewed by an elder law attorney or other consumer advocate.
   1 Expert Answer

2. Is an Adult Child Legally Responsible for a Parent's Nursing Home Bills?

   Question - In general, an adult child is not responsible for any of a parent's personal bills, including the cost of a nursing home. This is true even if the adult child has power of attorney authority over the parent's finances.
   FAQ 1 Expert Answer

3. Can my sister put my mother away in a nursing home without asking the rest of the children?

   Question - It almost doesn't matter what is legal in your situation. It is unclear how or why your sister took the action she did -- apparently, without discussing it with other members of the family, first. She might have been legally authorized to do so by being appointed to act as your mother's guardian or conservator, for example...
   1 Expert Answer, 28 Community Answers

4. Who is responsible for my brother, who has severe dementia, if the nursing home asks him to leave?

   Question - There is no law that specifies that a particular person must be responsible for taking care of another -- and it sounds like a fairly onerous task in the case of your brother. So while you surely did much soul-searching to reach the decision you did, you are wise to recognize and admit when you are no longer the best fit for the job...
   1 Expert Answer

5. My father fell in a nursing home and I'm wondering if the nursing home should have liability insurance to cover his medical costs?

   Question - To find out what insurance coverage the facility has, speak with -- or even better, write a letter to -- the facility administrator asking for information about their regular and medical liability insurance coverage. You will probably be referred to the facility's insurance company claims department...
   1 Expert Answer

6. In the state of MO, how many years before a parent has to go into a nursing home is it legal to turn all real estate property and money over to the adult son or daughter?

   Question - The rules are the same in all states. And it's not a matter of what's "legal" -- it's legal for any parent to give his or her assets to a son or daughter at any time. The question is whether giving away real estate or other assets will disqualify the parent from Medicaid coverage of nursing home costs...
   1 Expert Answer

7. Financially I can't care for Mom. So what happens if I refuse to accept her from nursing home discharge?

   Question - There are several places you can turn to for help in resolving the difficult dilemma of finding a place that can provide the care your mother needs. But the search may require some time, effort, and patience.
   1 Expert Answer, 15 Community Answers

8. Can nursing home care be denied by a facility until Medicaid eligibility has been established?

   Question - My mom is in an assisted living facility. She has qualified for nursing home status and has applied for Medicaid. Medicaid is still pending. It has been asked by her conservator and guardian that she be moved to the nursing home section at the same facility...

9. Am I responsible for paying the bills from my mother's nursing home stay?

   Question - I had POA before my mother passed away several months ago and left no estate at all not even a car. She was in a nursing home several times and when she was admitted they had me sign the papers. Exactally what it says where I signed---PATIENT- "Signature/Date of Patient or Legal Representative (See...

10. Can the doctor force my elderly mother go into a nursing home?

    Question - Hello, My mom (87) has been in a nice assisted living home for about 2 years. They treat her very well and she has become comfortable there. Unfortunately she has neuropathy in her feet and hates to walk and no pools are available for walking (in a small South Dakota town). So, she fell a couple of days ago and tore skin on both knees and elbows...

11. Which doctor's orders take priority - a primary care doctor at a nursing facility or a specialist?

    Question - Federal law spells out some very clear rights nursing home residents retain with regard to their own medical condition and treatment.
    1 Expert Answer

12. We are very unhappy with the level of care at dad's current nursing home, what should our next steps be?

    Question - Call you local Ombudsman, every county in the U.S. has an Ombudsman. These are the liaison between nursing homes and their residents. A bad report from the Ombudsman can hurt the reimbursement rate from Medicare, so nursing homes staff are careful not to have an bad report. http://www.ltcombudsman...
    1 Expert Answer

13. How can I get Mom's medical records from her nursing home?

    Question - Act quickly, especially since you have the hunch that not all is on the up and up.
    1 Expert Answer

14. How can I protect my mother's assets from the nursing home her husband is in?

    Question - My mom remarried 20 years ago after Dad died. She is in 80's with some dementia issues but self sufficient at this time. New spouse and she kept most finances seperate and rather secrective from each other. 2 years ago he had to go into nursing home...

15. How can we overrule Grandma's decision to put Grandpa in a nursing home?

    Question - As you know too well, you’re witnessing a hard thing—and another truth is that unless some neglect or abuse is going on, you’re not likely to get help from a power of attorney or from a court.
    1 Expert Answer

16. Does Mom's nursing home hold responsibility for her fall? And can we take her for a weekend?

    Question - Injuries and diagnoses being what they are, it would be difficult for you to prove that the nursing home caused or was even responsible for the hip fracture that seems to have been a setback for your mother.
    1 Expert Answer

17. Do we owe Medicaid for our step-mother's nursing home?

    Question - My step-mother passed away last year and my father, her husband, just passed away one month ago. My brother and I are POA. My question is, do my brother and I have to pay Medicaid for Iowa estate recovery for our step-mother?

18. With both parents in a nursing home and me with power of attorney, can I protect their savings and house?

    Question - With a properly executed power of attorney for finances, you can handle some or all of your parent's finances for them once they're in a nursing home, even if they're still capable of making decisions for themselves. And if the power of attorney is "durable," you can continue to handle their finances once they become incapable of making any decisions...
    1 Expert Answer, 1 Community Answer

19. Are adult children legally responsible for a parent's unpaid nursing home bills?

    Question - You're not legally responsible for your dad's nursing home costs unless you signed an agreement with the nursing home making yourself a "responsible party." When most nursing home residents run out of money to pay for care, they become eligible for Medicaid coverage of their nursing home bills...
    1 Expert Answer, 5 Community Answers

20. Can I be removed as responsible party for nursing home agreement?

    Question - If a nursing home participates in either Medicare or Medicaid -- as almost all do -- then the federal Nursing Home Reform Law prohibits it from requiring guaranteed payment from anyone other than the resident -- your parent. This is true even if your parent is not presently covered by either Medicare or Medicaid...
    1 Expert Answer, 1 Community Answer

21. What happens to a single person's house when leaving it for a nursing home?

    Question - If your father or your family is personally paying for his nursing home care, he can do whatever he wants with his house – sell it, give it away, keep it and rent it out. However, if he keeps it or sells it, the value of the house will be counted against his potential eligibility for Medicaid coverarage of his nursing home costs...
    1 Expert Answer

22. Am I responsible for my father's nursing home bills?

    Question - The IRS has been known at times to work in strange and confusing ways -- and this seems to be one of them.
    1 Expert Answer

23. Can my half-brother keep me from seeing my mother, who is in a nursing home?

    Question - I'm assuming you've already had the hard conversation -- very tightly focused on what's best for your mother -- with the half-brother who is hell-bent on blocking your access to her. If not, try it. You may be able to find out specifics about his concerns that will help you all be able to pull together...
    1 Expert Answer, 25 Community Answers

24. Are bed alarms illegal in Florida?

    Question - My grandmother is in a nursing home in Florida. We have requested that they utilize a bed alarm, as she has had 2 falls when getting out of bed and doesn't even remember getting up. The head of the nursing department said use of bed alarms is not allowed in Florida. Is that true? They are used quite frequently in New York...

25. Should I get legally separated from my estranged husband to protect my home if he requires long-term care?

    Question - Your concerns are entirely legitimate. If your estranged husband were to require long term care in a nursing home, Medicaid would consider the assets of both of you in determining his eligibility. Because Medicaid is a joint state and federal program there are some variations from state to state...
    1 Expert Answer