An Ohio appeals court dismissed a nursing home’s lawsuit to recover a resident’s unpaid fees from his son who signed an admission agreement as his father’s agent under a power of attorney. Village at the Greene v. Smith (Ohio Ct. App., 2d, No. 28762, August 14, 2020). On June 22, 2018, Robert Smith (“the father”) granted.. read more →
The decedent was admitted to the defendant facility, Regency Heritage Nursing and Rehabilitation, in 2013. On the admission date, her daughter accompanied her to the nursing home. The daughter alleged that she was separated from her mother and brought to a conference room, where she was presented with a stack of documents to sign. She.. read more →
Plaintiffs, who were beneficiaries of the decedent’s estate, sued the defendant-executor for misappropriation of estate assets. The parties engaged in mediation, and their settlement agreement was memorialized in a handwritten agreement that the mediator prepared. Thereafter, the plaintiffs’ attorney sent the defendant’s attorney a proposed consent order incorporating the terms of the agreement. When the.. read more →
The patient was age 53 when he was transferred to Kindred Hospital. He had been diagnosed with multiple sclerosis and bipolar disorder in his twenties. When he signed the arbitration agreement in issue, he had required 24-hour nursing care for the previous 13 years, although he was not cognitively impaired at the time of the.. read more →
The following blog post is adapted from an article on NJ.com: A few years ago, Tracey Mitchell’s dad needed to go into a nursing home. Mitchell had no complaints about the care he received, but three months before he died, a surprise arrived via regular mail. It was a lawsuit alleging Mitchell owed $49,000 to the.. read more →
A New Jersey appeals court vacated an order approving a settlement and placing it in a special needs trust (SNT), ruling that there was no “meeting of the minds” between the parties. V.M. v. Jersey Shore University Medical Center, (N.J. Super. Ct. App. Div., A-0781-16T1, Nov. 3, 2017). LaTanya Murphy and her adult son V.M… read more →
Lawsuit for Unpaid Bills by Nursing Home Against Resident’s Power of Attorney Dismissed, and Attorneys Fees Awarded
A Superior Court judge in Ocean County dismissed a lawsuit filed by a nursing home for unpaid bills against a power of attorney appointed by a former resident, and ordered the nursing home to pay legal fees incurred by the power of attorney, ruling that the law prohibited the nursing home from requiring the power.. read more →
The plaintiffs in this case were sisters Ashley Nelson-Guedez and Lyndsay Nelson-Nugent, whose father died in 2007. The plaintiffs’ father, Paul Nelson, predeceased their grandfather. Upon their grandfather’s death, his estate was probated in New Jersey, and Paul’s current wife (Jacqueline Limoli) received Paul’s share of Paul’s father’s estate. Plaintiffs alleged that Jacqueline agreed to.. read more →
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