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My cousin has a lawyer through the center of aging for her husband, that is in a nursing home. (Alzheimer's). The nursing home has sent a notice to terminate his bed, due to non payment. (pending with lawyer to resolve and distribute funds). My cousin has been in the waiting process for 8 months. My cousin has provided the necessary documentation. When she inquires about when the case will be resolved and how much is owed on her part, he just provides her with a general answer, " Don' t worry about that right now, we will get to it." My cousin is stressed and overwhelmed, afraid of her husband being without accommodations, and not knowing what her out of pocket costs will be. Any insight is greatly appreciated.

Dee

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Stressed and overwhelmed? Your cousin must have steam coming out of her ears. I know I would.

Unfortunately I don't know how long this particular process should be expected to take - perhaps others will. Meanwhile, perhaps she could copy the notice she received from the NH to the lawyer with a letter asking "should I not worry about this, then, either?" What is the notice period given? Has she tried calling them to find out whether it's a "hurry up" or an actual plan?

Also, perhaps a call to the centre of aging might be helpful in terms of finding out whether this practice is normal - refusal to provide an interim invoice or an estimate of costs; the eight month wait so far. To the layman it's ridiculous, but that doesn't mean it isn't typical, alas.
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Get an attorney who works with elders NOW! Is the cousin's husband waiting on the Medicaid application to go through? By "I'll get it to" means he isn't.
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My husband and I had an attorney once who was very personable, we really felt he understood what we wanted, etc., but he never got anything done. Finally we found out he was an alcoholic. After leaving some messages for him, he answered while he was drunk and everything became crystal clear. Not saying that this is the situation with your cousin's lawyer but a personal visit to his office and a request to be reassigned to another attorney might get someones attention? From your message, I'm not sure who he works for (your cousin?, an agency?) and it's always a pain to have to start over but she obviously needs an attorney who sees her requests as valid. I agree with the answer above about asking at the NH for guidance. They probably need your cousin to keep pushing in order for them to get paid. I like the idea of sending him the notice from the NH as well. Good that cousin has your help.
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I don't know about this, but can you ask your state Bar Association about this?
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The lawyer that my husband and I use has always told us to do this first. What ever lawyer that we use ask up front how much do you charge. If the lawyer will not give a straight answer get up and walk out. This was the words of our lawyer to us. I would find another lawyer IMMEDIATELY. Best of luck to all of you.
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Your cousin has to pay the share of cost amount and I have a feeling she is not doing that. Most Medicaid applications get hung up when the documents are incomplete. A full five years of financial records are needed. I have seen patients evicted, to a homeless shelter, when they refuse to pay the share of cost; they divert money for personal bills.
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I worked in the legal system many, many years ago. I recall there is some kind of legal organization that people can go to for advice and help. I believe it might be the Bar Association of Attorneys. Perhaps your local reference library can help. Ask them how to handle this. Another way is to send a very firmly stated letter to the attorney you want answers - now. Send the letter registered mail, attorney's signature upon receipt only. It is now a legal document and I believe he would be forced to answer your letter. Good luck.
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Find another lawyer fast!
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Did your cousin sign a retainer agreement? I don't know if any attorney would work without a contract. Alternatively, tell the attorney he's fired, you're filing a complaint with the Bar Association, and demand he turn over the legal file. That will demonstrate what, if anything, he's done & will likely generate a bill.
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I am an attorney in Maine. Our firm, Brennan & Rogers, PLLC, focuses on elder law and estate planning. We are members of Life Care Planning Law Firm association. See https://lcplfa.org/. Members have a geriatric care manger on staff that have training in assisting with placement and care coordination and the lawyers are focused on elder law. I would recommend you check https://lcplfa.org/ for an attorney in your area. Another resource is NALEA (/www.naela.org) the National Academy of Elder Law attorneys. Both organizations should lead you to an attorney that is prepared to deal with your situation.

Smilie Rogers
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