Monthly Archives: March 2018

DPOA Agent: Don’t sign that contract! Don’t do Medicaid application without an attorney!

Monday, 05 March 2018 08:10

Jim Schuster, CELA

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I am feeling a bit feisty today because I just read again a case where an agent will needlessly have to pay, more than $50,000, out of his own pocket because he violated two simple rules.

Here’s a case from our neighbor to the south, Ohio, that came out late last year.  The court ruled an Agent under a DPOA was personally responsible for the nursing home bills. Unless you want to pay tens of thousands of dollars on somebody else’s bills, don’t make his mistakes!

The case called Classic Healthcare Systems, LLC v. Miracle (yes the Agent’s name was miracle!)  The case can be found at http://www.supremecourt.ohio.gov/rod/docs/pdf/12/2017/2017-Ohio-8540.pdf

I will not go through the mind numbing details but there are two simple big mistakes he made when he signed an admission agreement, a contract with the nursing home, while his mother was already a resident and then he tried to do Medicaid himself.

1. Rule: Don’t sign an admission contract if your patient is a resident!  If she has a bed in the nursing home, for rehab or long term care it doesn’t matter, she is already a resident they cannot evict or discharge her because you did not sign.  If you insist on signing, at least hire an attorney to review it and  tell you what the nursing home attorney hid in those pages of contract!
2. Rule: when you have money at stake, invest a tiny bit and get legal representation!  Mr. Miracle was managing over $200,000 of the resident’s money, he spent it all, and the case indicates he will personally owe the nursing home over $50,000! He tried and repeatedly failed to get Medicaid. With the result that in spite of the nursing home being paid over $150,000, there was still a large bill owing.  There was NO reason why he could not have gotten Medicaid approval with expert help.

If you follow the two rules above you will not be sued by a nursing home for failure to pay their very large bill.

There.  I feel better now, my outrage has settled down.  Hope it will help you.

Good day!