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About Kyla Kelim
Expertise
I can answer questions regarding nursing home Medicaid eligibility questions, senior benefits including Medicare, Medicaid, prescription drug coverage, Veteran's benefits including Aid and Attendance, durable powers of attorney, advanced health care directives and living wills, wills, trusts and estates, guardianship and conservatorship and other areas of elder law including financial questions regarding collection, gifting, etc. All answers will refer questioners to a licensed attorney in their specific state, unless the question involves an issue of Alabama or Florida law, or Federal law as many of these issues will.

Experience

Experience in the area
I have practiced law in Florida and Alabama for 15 years. My firm has over 60 years collective experience in elder law issues, including Medicare, Medicare D, Medi-gap and related health insurance issues as well as nursing home Medicaid eligibility.

Organizations
Alabama State Bar Florida State Bar

Organizations
Alabama State Bar Association, Florida State Bar Association, Elder law section of Alabama and Florida Bar Associations, admitted to practice in all state and federal courts in Alabama, all state courts in Florida and the Northern District of Florida, admitted to practice before the 11th Circuit Court of Appeal

Education/Credentials

Education/Credentials
Cumberland School of Law, Samford University, J.D. 1993 University of New Orleans, B.S. Business Administration 1990

You are here: Experts > People/Relationships > Senior Living > Senior Living > Very elderly parent pending nursing home admission

Senior Living - Very elderly parent pending nursing home admission

Expert: Kyla Kelim - 10/21/2009

Question
I took my almost 95 year old mother into my home 2-1/2 years ago because her assisted living facility told her she had to "get out" (no legal action, just intimidation.) During the time she's been living with me her physical condition has seriously deteriorated; she was refusing to go to the doctor but I finally got her there end of September. This Doctor saw nothing alarming about the fact that my mother literally fell forward unconscious onto her own lap and I was basically sent home with no help. I finally, after MONTHS of begging for help to place her in nursing care facility, forced to call into adult protective services. During the social worker's visit (Monday), it was discovered that my mother had fallen (subsequently by Doctor determined to have passed out) and broken her wrist! She NEVER told me about any of this. Social worker was able to get her to agree to go to ER (by telling her she wouldn't be able to wash, eat, etc.) and in the ER it was determined she has a serious heart block, arrythmia serious enough to be life ending event and affecting her cognition, and she had a pace maker implanted yesterday (I had to sign permission as Health Care Proxy because at the last minute she said she didn't want it.) She appears to be doing very well (still in hospital in Tylemetry section). Social services is signing off because this is not an abuse or negligence case and I was told I will have to apply for medicaid because my mother absolutely needs to be in a nursing care facility. I do NOT WANT to be held financially responsible for anything: I've worked VERY HARD through my adult life and now own a home with NO mortgage and I have no intention of allowing myself to fall victim to a really screwed up system. Should I spend money (I can't afford) for an elder care attorney to help me? I'm in NY State,what is my risk of liability here? WHY am I in any way responsible for HER health care? Thank you.

Answer
Sierra, first, I applaud your taking on what is certainly the hardest job in the world. Second, if you ever find yourself in the situation where someone in a facility tells you or your mother she must "get out", be assured that this is not true. It is up to the facility to find placement for your mother. Once you have raised your children to the age of majority, you are not legally responsible for them, in this case, your mother is an adult, and you are not responsible so no one can force her anywhere. Each state and area will have a long term care ombudsman (for free) who can be called upon to guide you regarding nursing home conditions and can also point you in the right direction should a hospital or other facility indicate that you must step in. After all, if your mother didn't have you, what would they do then? They simply don't want to be bothered to do their jobs. Next, you are not financially responsible for anyone other than yourself and your minor dependents. Medicaid may have you act as "sponsor" which does not obligate you financially, it simply gives them someone to talk to during the application process and beyond, who is familiar with your mother's finances. The nursing home is a different story. While it is against federal law to force someone to be a third party guarantor in any facility that accepts Medicare - which they all do - they routinely ignore this provision and have you sign a stack of papers that will purport to financially obligate you. I would hire the elder law attorney who is familiar with nursing home Medicaid to help you through this process. I do an awful lot of it here and my clients are extremely grateful for this necessary task which will virtually eliminate the stress of this situation. Your mother, if she has resources, can hire the attorney herself with her money.

Good luck

Kyla Kelim

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