New Jersey Nursing Home Litigation Legal Questions

If a person is on Medicaid, they cannot be removed from a facility.  The law states that a person cannot be discharged if it would be detrimental to their health. Your mother should not have been discharged with the ulcer problem.  If you were your mother's POA, then you would have been responsible for paying her debts with her monies.   But if you did not have the POA when you signed the nursing home might try to make you the "responsible party".  Now that she has passed, the nursing home may try to place a lien against you for the balance. ... Read Answer

The nursing home cannot "take" anything.  They can require the liquidation of assets for payment for services rendered, but not until those services are incurred.  So if there are bank accounts, the contents of the accounts have to be used to pay the nursing homes bills as those bills come do.  Same this with the house.  If the house is sold, proceeds form sale should be put into an account and paid out to the nursing home as the bills form the nursing home are incurred.  Pension and social security have to be paid to the facility as "income" after all of the assets are used.  Also, personal items from the house can be given to family members.  All of this is assuming there is no spouse living in the house, because if there is a spouse, the spouse can keep assets, as well as the house.   ... Read Answer