Los Angeles, CA asked in Elder Law and Nursing Home Abuse for New York

Q: A nursing home is refusing to speak to me about a relative's death.

A nursing home is refusing to speak to me about a relative's death. She should have qualified for state aid for funeral expenses and due to some errors in her accounting where funds should have been paid from her SSI and Medicare to nursing home ,and overages are still showing when they should not have, resulting in her now going over the limit of assets, causing her not to qualify for state aid. The business office at the nursing home is not returning my calls, and when I speak to people there they are not helping me and don't care. I am also having issues with the funeral home overcharging and not communicating to the business office at the nursing home to discuss the issue to collect funds from the nursing home- I am now dealing with this issue for 30 days since the death, still grieving and not getting anywhere. Please help.

Related Topics:
1 Lawyer Answer

Robert D. Kreisman

PREMIUM
Answered
  • Elder Law Lawyer
  • Chicago, IL

A: First of all you should find a lawyer to retain in your location who has experience dealing with nursing homes. In Illinois there is law that requires medical providers to release medical records, nursing home records and the like by a member of the family, spouse or next of kin. Nursing homes generally are notorious for being uncooperative. That being the case, and since you have been stone-walled, an attorney handling cases in this area of law should be able to cut through the obstacles you have been facing.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.