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Medicaid and unmotivated attorney

ghphotog
ghphotog Member Posts: 690
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edited September 2023 in Caring for a Parent

I know the pat answer is find another attorney but just need to see if I'm reading the attorney wrong.

I've hired an attorney to help get my mom on Medicaid as my brother and I can't keep making up the difference at the MC my mom is at. My mom makes just over the limit for Medicaid but the attorney did help setup the Income Diversion Trust paper work and I setup the bank account for it.

Anyway I applied for Medicaid months ago for my mom and when I did the response was a case worker would contact me within 45 days. Nope, never happened so I called Human Resources and after a very long hold time I spoke with someone that really had no idea but said they couldn't find my mom's application, yada, yada even though I have confirmation so I went to the Human Resources Dept personally. They told me I had to contact NM Aging and Long Term Care Dept so I did. Again the person I spoke with had no clue but took my mom's information and said she would be put on a registry and when someone finally contacts me I would need to refill and submit another application. This could take months.

I contacted the attorney I'm working with and all she said was and I quote, "Well, keep trying. You aren't liable for her nursing home expenses". end quote. What? No direction about what to do. Just stop paying and start getting threats of eviction from the MC for payment? I'm her POA and her main contact and so I'm also the one to get all the eviction notices.

What happens when they try to evict her because her SSI isn't enough to pay the monthly bill at the MC. I can't take her into my home because my own wife has very severe Alz. I tried that twice anyway and it's impossible. What a mess.

Note: Now I know why the attorney is a little slow helping out. She is very ill with a life threating disease.

Comments

  • eaglemom
    eaglemom Member Posts: 617
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    That was very unfair and unprofessional of the attorney not to have told you. Or possibly given your case to someone else.

    I wouldn't wait for that attorney to get better. You can't afford to wait. Find another attorney and just be upfront with what has happened. Hopefully now you will be able to get everything back on track.

    eagle

  • ghphotog
    ghphotog Member Posts: 690
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    Thanks Eagle!

  • JeriLynn66
    JeriLynn66 Member Posts: 913
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    Oh how crushing this is.. I agree with finding a new attorney and laying the full story out for them.. with an emphasis on urgency ❤️

  • Rottenkid
    Rottenkid Member Posts: 7
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    @ghphotog

    I agree that you may need to find another attorney. As to dealing with the state of NM, (I also live in NM) they seem to lose everything when they are having to help, but yet they have everything to go after you ASAP. That being said, I would get the MC financial office and ask them to assist you with the process. The process might not go any faster, but they will at least know that you are working on it if they are assisting you with it.

    ❤️🙏

  • [Deleted User]
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  • ghphotog
    ghphotog Member Posts: 690
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    edited October 2023

    Victoria, I signed so many papers when I moved my mom that I don't remember if I signed documents to take financial responsibility in the event she couldn't pay so I'll need to go back through my copies. The attorney I was working with was a solo practice but she gave me some referrals. I think I'll take some attorneys up on a "free" consultation and try and get a better idea where we stand. My brother is willing to keep making up the difference financially right now so I'm glad he is stepping up this way even though I have been very disappointed that given my current situation with my DW he wouldn't take over care for our mother and left it all to me and I'm flying solo.

Commonly Used Abbreviations


DH = Dear Husband
DW= Dear Wife, Darling Wife
LO = Loved One
ES = Early Stage
EO = Early Onset
FTD = Frontotemporal Dementia
VD = Vascular Dementia
MC = Memory Care
AL = Assisted Living
POA = Power of Attorney
Read more