Mom went into skilled care in March 2018. In Nov 2018, I hired an elder care lawyer in AL who was recommended by the nursing home. This lawyer has had me jumping through hoops to get Medicaid filed. Just about everything I’ve sent has been lost. Now that Mom has passed, she says that she needs an original notarized copy of the QIT (she lost hers) I live 1,000 miles away and am hesitant to send any original document. I’ve liquidated all mom’s assets. She has about;$500 in QIT and $1,000 in bank account. Not sure if the pensions are going to be reclaimed, so I don’t want to close out that account just yet. What is needed at this point? She told me she had done lots of applications and could do it in her sleep. After me doing all the work, she’s now demanding even more documents. Mom owns no property, so she’s well below the Medicaid asset totals. Any advice? Since QIT’s are not used in my state, I literally had a bank draw up their first one. They had never heard of them.
1. Do you have ANY verification that a Medicaid application was actually filed?
2. I don't know the cost of legal fees for a filing, but $3500 sounds like a high cost for Medicaid application and qualification.
Did the attorney provide you with monthly statements as to her work and the cost, so that you could see how she was applying the retainer?
3. The attorney claims to have lost the copy you delivered, and now wants yours? I hear loud warning bells ringing.
4. And she was recommended by the nursing home? Those warning bells are getting louder.
5. Here's what I think: There may be collusion between someone at the nursing home and the attorney.
a. Do some online research and contact the state ombudsperson to get any background info on the nursing home. Contact the state licensing department as well as Medicare and Medicaid to get information as well, specifically, whether or not the nursing home has been involved in any type of collusion for financial gain.
b. Check the state bar listings of attorneys who've been censured, reprimanded, disbarred, or whatever. Also check your local county and city in which both the attorney and nursing home are located, to review the civil action lawsuits and determine if either have been sued. This sounds like a planned scam to me.
c. Do NOT have ANY further contact with the attorney, and to the extent possible, begin creating a timeline in the event of litigation.
6. Also to the extent possible, document your experience with this attorney with as much detail as possible. If you have texts or letters, include them in the history.
You don't need an elder attorney unless you're advised by Medicaid that no application was ever filed, and then it's more likely you could benefit from a white collar criminal attorney, one affiliated with a reputable law firm as opposed to a single practitioner. However, the primary issue would first be whether or not or to what extent the attorney deliberately scammed your mother and you, and secondly whether or not there's a cause of action that can be documented sufficiently to establish criminal action. The third issue is whether the attorney is judgment proof.
Has the nursing home begun sending payment demand letters to you?
This is such a saddening story, that someone at the end of her life and now her daughter who was only trying to provide good care have become involved with someone of no apparent honesty.
Oh, and if you haven't already, put credit freezes on both of your credit accounts.
I would see an Elder Law Attorney in your own area. They generally can familiarize themselves with laws of another State quite easily.
You say you were asked to send "an original certified copy". That doesn't mean she is asking for the original document. She is asking that you go to a notary, get the document copied and get it notarized and certified by the notary, then send to her. That is, anyway how I understand it.
You really should have professional advice on this. It sounds complicated. I don't think that there are many here familiar with the intricacies of a QIT.
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I would be asking if they do retroactive after death. This would be the 1st thing I found out before I sent that attorney anything else.
2 years and still no approval, lost paperwork all sounds like a hustle to me.
Was an application ever submitted? I would find out and if not I would be filing a complaint with the bar association.
Who has been paying for moms facility?
Mom has been getting SS, VA and a couple of pensions each month. I’ve been paying the nursing home out of that amount. She’s now down to about $1500 total. According to the nursing home, she owes about $20,000.00. If she doesn’t get Medicaid, I assume they don’t get money. The only money left in the QIT is $500. Her monthly direct deposits have been deposited in the account and then paid to the nursing home.
I’m at the end of my rope with this lawyer. She demanded money upfront ($3500) She made it sound like we could get this application filed and approved within a couple of months.
I’m considering a report to the bar. I’ve told the nursing home not to recommend her to anyone. She’s got me so stressed out, and now I’m grieving the loss of Mom on top of everything.
Thanks for listening! It’s therapeutic to write these words out.
I pray that The Lord gives you grieving mercies and strength during this difficult time.
I hope that you can get your monies worth from this deadbeat lawyer.
I would send a letter that time lines everything that has happened since you paid them and demand to know what the future time line is. Make them put it in writing and the day it doesn't happen, file a complaint.
Unfortunately there are to many unscrupulous attorneys, it goes with the entire purpose of their existence. But a complaint can help you and protect others. It is also empowering to stand up against someone that says they know and represent justice and are really just robbing people and adding to their grief, because nobody is ever happy to see an attorney. I have wondered why anyone would intentionally pursue a career that involves everyone you deal with being mad, angry or stressed to the hilt. It has to affect your own outlook.
We had some dealings with AL attorneys and they truly were the scummiest humans (using that term lightly) that we have ever had the misfortune to meet. It sounds like it is systemic in that state.
My prayers are with you that you can get this settled quickly.
The nursing home will not be paid if Medicaid doesn't go through, unless you or your sister signed a financial responsibility agreement accepting liability. If they try to harrass you, send them to the attorney they recommended.
You also have the choice of just filing a complaint and letting it all go, obviously not if you signed personal guarantees, but if not, it might be the best way to move forward.
Best of luck with whatever you choose. Great big warm hug!
Actually, I retained a lawyer because Mom had a house that was going to cause a problem if it sold. Cost Mom 5k. And I did all the work with the application.
I think I said that unless the NH is owed money the Medicaid application is a mute point. In my state you only have 90days from the application date to do what is needed. If not done within that time you need to reapply. I would call Medicaid and see if a case was open in Moms name and SS#. If not, you may have grounds to get ur money back and/or reporting her. I applied first then supplied all the paperwork needed.
A lawyer was hired Nov and its now July and looks like nothing has been done? Thats 8 months! I went to Medicaid and personally worked with a caseworker. The lawyer was only there to negotiate if I couldn't get market value for the house or they wanted my disabled nephew out.
Not sure what you are expecting. If money was paid out privately, you may not be able to recoup it. If there is a balance due to the NH, you can't be held responsible unless you signed as a responsible person. What I would do is talk to Medicaid and see if a case was opened. If not, ask them what you can now do to correct the problem because of negligence of the lawyer. And I would report her to the Law review.
Please come back and tell us what happens.