• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Parman & Easterday

Oklahoma Estate Planning Attorneys

Call Now: (405) 843-6100
(913) 385-9400

Attend a Webinar - OK Attend a Webinar - KS/MO
  • Home
  • Our Firm
    • About Our Firm
    • Attorney and Staff Profiles
    • What Our Clients Say
  • Estate Planning
    • Asset Protection
    • Estate and Gift Tax Figures
    • Estate Planning Services
    • Family-Owned Businesses & Farms
    • Financial Planning Assistance
    • IRA and Retirement Planning
    • Legacy Planning
    • LGBTQ Estate Planning
    • Pet Planning
    • Powers of Attorney
    • Probate
    • SECURE Act
    • Special Needs Planning
    • Trust Administration and Probate
    • Young Families
  • Elder Law
    • Coping With Alzheimer’s
    • Elder Law
    • Emergency Medicaid
    • Guardianship & Conservatorship
    • Hospice Care
    • Medicaid Planning
    • Veteran’s Benefits
  • Resources
    • Asset Protection Worksheet
    • DocuBank
    • Elder Law
      • Elder Law & Medicaid Definitions
      • Elder Law Reports
      • Elder Law Resources
        • Edmond Elder Law
        • Oklahoma City Elder Law
        • Overland Park Elder Law
        • Yukon Elder Law
      • Medicaid
      • Nursing Home Resources
    • Estate Planning
      • Estate Planning Checkup
      • Estate Planning Definitions
      • Estate Planning Reports
        • Advanced Estate Planning
        • Basic Estate Planning
        • Estate Planning for Niches
        • Trust Administration
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Top 10 Estate and Legacy Planning Techniques
    • Free Estate Planning Worksheet
    • Free Seminars
    • Frequently Asked Questions
      • Estate Planning
      • Elder Law
      • Frequently Asked Questions for Families Without an Estate Plan
      • Legacy Wealth Planning
      • LGBTQ Estate Planning
      • Probate
      • Trust Administration
      • Trust Administration & Probate
      • Wills and Trusts
    • Newsletters
    • Probate and Trust Administration
      • Bereavement Resources
      • How to Know if You Need Extra Help With Your Grieving
      • Loss of a Loved One
      • Probate Checklist
      • The Mourner’s Bill of Rights
      • Things You Need To Do When a Loved One Passes Away With a Trust
      • Things You Need To Do When a Loved One Passes Away With a Will
      • Trust Administration & Probate Definitions
    • Probate Resources
      • Leawood Probate
      • Midwest City Probate
      • Moore Probate
      • Oklahoma City Probate
      • Overland Park Probate
    • Published Books
    • Pre Consultation Form
  • Communities We Serve
    • Kansas
      • Johnson County
        • Fairway
        • Mission
        • Overland Park
        • Prairie Village
        • Shawnee
      • Wyandotte County
    • Oklahoma
      • Edmond
      • Midwest City
      • Moore
      • Norman
      • Oklahoma City
      • Yukon
  • Reviews
    • Our Reviews
    • Review Us
  • BLOG
  • Contact Us
Home » Nursing Homes » Who Pays for Nursing Home Care?

Who Pays for Nursing Home Care?

October 25, 2013 by Larry Parman, Attorney at Law

Recently an elder law colleague related the following.  His client was sued by a nursing home for nonpayment, claiming nearly $60,000 in unpaid services.  The client had applied for Medicaid, but his application was denied and the case was on appeal.

The problem was that the client’s daughter signed the nursing home admissions agreement for him, so now both of them were being sued.  The daughter was his power of attorney and the nursing home knew this, but she didn’t sign “POA” after her name when she signed the contract.

The child had taken care of her father for more than 4 years and by the time she got him in the nursing home she was mentally and physically devastated.  Needless to say, her thinking was not that clear at the time.

Had this been an assisted living or independent living facility, the daughter would have been stuck.  The rules for nursing homes, however, are slightly different.

A nursing home cannot REQUIRE anyone to sign as a guarantor.  The law, at 42CFR 482.12 (d)(2) (for Medicare and Medicaid facilities) says a facility must not require a third party guarantee of payment to the facility as a condition of admission or continued stay in the facility. However, the facility may require an individual who has legal access to a resident’s income or resources to sign a contract, without incurring personal financial liability, to provide the facility payment from the resident’s income or resources.

If the facility claims the daughter “voluntarily” signed as guarantor, it may be a tough case to win.  The first defense would be lack of consideration for the guarantee since a guarantee could not be required.  Adequacy of consideration is not a defense to a guarantee, but this is not the same as no consideration, which should be a defense.

If you find yourself in a similar situation, be sure to check with an elder law attorney.

Jerry Shiles
Author, Attorney
Parman & Easterday

  • Author
  • Recent Posts
Larry Parman, Attorney at Law
Latest posts by Larry Parman, Attorney at Law (see all)
  • Is Long-Term Care Insurance a Good Investment? - March 2, 2021
  • Testamentary Trust vs. Living Trust: What’s the Difference? - February 25, 2021
  • What Is a HIPAA Release? - February 23, 2021

Filed Under: Nursing Homes, Videos Tagged With: elder care, Pet Planning, special needs trust

Other Articles You May Find Useful

Oklahoma City nursing home planning attorney
How Do I Pick the Best Nursing Home for My Father?
Coronavirus and Nursing Homes
Overland Park medicaid planning attorney
Will You Have to Move to a Nursing Home?
Overland Park medicaid attorneys
3 Ways Medicaid Helps Protect Seniors
Oklahoma City nursing home
Oklahoma City Nursing Home Resident Dies after Altercation with Another Resident
Overland Park medicaid lawyers
What Can Go Wrong If You Don’t Work With Overland Park Medicaid Lawyers

Primary Sidebar

Parman & Easterday, LLP

DOWNLOAD OUR FREE ESTATE PLANNING CHECKLIST

There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.

Subscribe to Our Blog

Upcoming Seminars

    To be notified of our upcoming Seminars please fill out this form!
See all seminars

Follow Us

  • Facebook
  • LinkedIn
  • Twitter
  • YouTube

Where We Are

OKLAHOMA CITY, OK
13913 Quail Pointe Drive, Suite B
Oklahoma City, OK 73134
Phone: (405) 843-6100
Fax: (405) 917-7018
parman_sidbr_map

Where We Are

OVERLAND PARK, KS
10740 Nall Avenue, Suite 160
Overland Park, KS 66211
Phone: (913) 385-9400
Fax: (913) 385-9422
parman_sidbr1_map

Office Hours

Monday9:00 AM - 5:30 PM
Tuesday9:00 AM - 5:30 PM
Wednesday9:00 AM - 5:30 PM
Thursday9:00 AM - 5:30 PM
Friday9:00 AM - 5:30 PM

Footer

footer-logo

The information on this Oklahoma and Kansas Attorneys & Lawyers / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

Privacy Policy | Contact Us | Disclaimer | Site Map | Powered by American Academy of Estate Planning Attorneys


© 2021 American Academy of Estate Planning Attorneys, Inc.
  • Facebook
  • LinkedIn
  • Twitter
  • YouTube