Legal Question in Elder Law in New York

Re: Nursing Home Harassment Case

The Nursing Home is obviously attempting to collect from your deceased aunt's "estate" whatever property or assets may be available for payment of her legitimate debts.

Thus, Any and all assets, money and checks, of whatever nature, that you received on your aunt's behalf, during her life while she lived in the nursing home,(& w/in 3yrs of placement) MUST be accounted for. If the Nursing Home, is sueing you, they are suing you, AS her Agent, Representative and Fiduciary, for payment of her debt, which is a legitmate "cause of action.

If you do not provide same voluntarily, it is quite likely, the Court will require you to account for what YOU did with your aunt's property, that arguably, You were holding in trust, and as a fiduciary, for your aunt's proper debts.

At the very least, your aunt's SS checks should have been signed over to the nursing home; as well as her health insurance, and medicare. If she was eligible for medicaid; and she did not have assets or income to pay the home, then you as her Agent, had an affirmative obligation to apply for medicaid to pay her debt. Upon failure or refusal of Medicaid, you then should have notified the home that [she] did not have assets to pay and was denied by Medicaid; and that she needed removal to another place.

SO,... Get your books in order and ready for an accounting.

Answer and respond to ALL court or legal correspondence, in writing and in person. Be careful in the way you are thinking about this entire matter. YOU CAN be held accountable for your aunt's property, money & assets. If you are not forthcoming, with a verifiable financial statement, with supporting documents, your personal and other accounts and property can and will be subject to disclosure. Further, you want to avoid the possibilty of criminal action against you, which can be even messier, even if finally settled in your favor.

GET A LAWYER, ASAP!!!!

Good luck,

Phroska L. McAlister,ESq