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How reassign Social Security from Assisted Living home after parent goes to hospital, then dies?

SusanRN

TUG Review Crew: Veteran
TUG Member
Joined
Aug 15, 2009
Messages
346
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Location
MD
Nevermind, but thanks.

I know there are lots of experienced folks here, so please help. I'm actually reaching out on behalf of my daughter, as it concerns her father, from whom I have been divorced for many years (but we have been cordial most of that time.)
"Jim" was diagnosed with Lewy Body dementia four years ago at age 69 and entered a small (5-6) assisted living facility. A guardian of his property was appointed by the Court, as he had previously refused to agree to anyone himself by POA when he was capable. He had, however, made my daughter his health proxy. He claimed Social Security at that time. It was assigned (correct term?) to the AL home owner (Alice") to pay for his upkeep.
Two months ago he entered a hospital. The money kept going to Alice, even though it was certain he would be going somewhere else when he was discharged, because his behavior had become unmanageable and Alice said he could not return. Ten days ago he started at a large dementia healthcare facility in our town. He died Monday, after just a week there.
Amazingly for a lawyer, he had no Will. Aside from dealing with her own grief, my daughter is being faced with a bill from the dementia facility, and, of course, would like whatever SS money is available to contribute, as he had gone through his assets.
Aside from simply asking Alice for the SS payments she received after he went to the hospital, (doubtful to be successful) what needs to be done? Is there a quick way to contact SS? We are told the guardian's power ended when Jim died.
I know none of you can give legal advice, but we would really appreciate suggestions while we scour the Internet for help. Thank you!
Susan
 
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I'm not sure why you updated to "nevermind", but it seems to me your daughter is not liable for this bill. He passed with neglible assets and no will, she was only healthcare proxy, send the bill to the court.
 
Yes, please update us with your findings.
 
It sounds like she may need a Probate Attorney. It will cost a few thousand, but they will get his estate settled, and chances are because he doesn't have a will or POA, the medical bills will be completely deleted. If she doesn't know one, look up "Maryland bar attorney search".

TS
 
The Dimentia facility should be requesting SS and Alice to pay what they should get out of the benefits what were paid. Hopefully, your daughter did not make the mistake of signing any financial paperwork with the dimentia facility. Some places get pushy on that hoping to get somebody on the hook. If she didnt, there is nothing wrong with them asking, and nothing wrong with her refusing.
 
It sounds like she may need a Probate Attorney. It will cost a few thousand, but they will get his estate settled, and chances are because he doesn't have a will or POA, the medical bills will be completely deleted. If she doesn't know one, look up "Maryland bar attorney search".

TS
Isn't probate attorney only needed if an asset needs to be probated? It would seem the OP's daughter needs to get in contact with the guardian of his property that was assigned by the court.
 
Contact a lawyer in the jurisdiction where he lived that has experience in Family law or Senior Law. Either may be appropriate. The State Bar Assn. would be able to provide guidance for this.

Jim
 
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