I was pressured to sign admission papers to a nursing home for my mother following her stroke. My mother lives in the US and I live in the UK. I was told by the manager at the nursing home that once my mother's assets and debts were disbursed (the outstanding mortage on her house exceeds its value) that Medicaid would cover the remainder of her care after her monthly pension. However, Medicaid has dragged the time out, and though we are still awaiting decision on appeal, the nursing home says they will collect the $28000+ she owes from me.
At the time I was signing papers I had just had a long haul flight after several days of fright having learned of her stroke. My son is her financial power of attorney and has been working with the nursing home on the medicaid application. The firt attempt was rejected for lack of life insurance details. It took months to get the life insurance company to finally say she had no cash value on the policy. We thought everything would be sorted out and that by signing I was merely making it easier for the nursing home to get my mother's medical records from various other doctors. She was in excruciating pain with no relief because they could not get details of her previous injuries. So I was so stressed to get her relief, I didn't realise I was making myself responsible for her nursing home debt.
Can her nursing home debt follow me to the UK? I have no means to pay it. I am too ill to work and only receive United Kingdom disability living allowance income until Autumn 2016, at which time I will have to reapply for it.
It might be that debt obligation is reciprocal between the US and the UK; I don't know.
International financial obligations is an area in which I have no experience or knowledge. I think this is an issue for an attorney in an international financial practice area, which generally would be found in the big, tony law firms.
As far as the debt chasing you to the UK...I'm not sure. Does the UK use credit agencies like Experian etc. that we have here? If so, this could end up on your credit report. As far as legally, I've never heard of anyone being subpoened from the UK for debt...for criminal things sure, but not for debt. I'd say that their reach is limited, but if I were you I would definitely consult a financial lawyer in the UK to be sure.
Angel
I understand that some collection agents are now selling debts to overseas agencies. I have nothing for them to take. But this worry is making me more ill.
It may be that some UK law firms also have established offices here in the States.
What I would do is use Google to research and find (a) large, or international law firms in your area, then (b) which ones might have a financial practice area, and (c) any that might have offices in the US.
The two offices can work together to find an answer to the question of debt collection reciprocity between our countries.
Another alternative is to locate a UK bankruptcy firm which is familiar with US debt collection laws. If reciprocity exists and there's a likelihood the NH might come after you for payment of the NY fees, a bankruptcy attorney could advise you on whether or not you would be what's considered in the US as "judgment proof." That means you have no assets to pay a debt, and any judgment would be uncollectible because of that.
I understand this could be and probably is a very unsettling issue, so the sooner you can get answers, the sooner you can take action, if necessary and possible, to feel more comfortable and not spend years of worrying about the NH coming after you.
Good luck; I hope you get some good information and good help.
If there are any pro bono (free) legal clinics or services affiliated either with law schools or senior centers, you might be able to get some free advice.
The fact that you were pressured into signing because of the alleged med issue and lack of records is I think exactly that. Typically hospitals fax to a SNF or NH information that's critical to the patient's treatment. That would include selected records and medication.
I know FOR A FACT that hospital discharge planners fax information to SNFs and NHs BEFORE a patient is admitted - it's information the SNF/NH reviews before accepting a patient. So I think someone was in fact lying to you.
Undue influence might be an excuse for liability, as well as extreme emotional disturbance due to the situation.
Have you made your son aware of the NH's tactics and attitude? I think his pursuit of Medicaid is the best solution, especially since the threats to come after you for $28K really can't be implemented b/c you just don't have the money or assets.
I will have a look online for potential legal advice. I am afraid a collection agent might go after my English husband as the house and savings are his and only in his name. I have not contributed to them at all. I refused to have my name on any property and savings he has. I just finished paying off my ex husband's (he is American as am I) debt in the US and worked myself into illness doing it over the last 12 years. I didn't think it fair my current husband should share his property with me. Now this has happened I hope he is protected.
As to your current husband's liability, that's another issue to add to those to be raised with an attorney. This does get complicated, especially given the complexity of American and English statutes.
And BTW, start documenting your medical conditions if you're not doing so already.
Better open another Google tab and research that as well!
Thank you all for your posts. They are giving me some heart.
OhJude you have eased my mind a great deal. We do not hold anything jointly. This was my decision when we married to protect him from my exhusband's debts. I will indeed contact Citizen's Advice.