Estate claims?

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dezzerea

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I am a home health provider and have many years experience.. several times I have allowed a person ( Client ) to come live in my home and stay until they passed away.. as long as the other family members did not object. I tended to all their medical appointments Meals and Care .. and I am paid through heath care .. 8-12 plus hours a day as well as night pay.. Normally they ( the person that moves into my home ) or family members pay to me rent for the use of a privet room,Cable, Internet, phone service.. and additional care if needed.. This amount is in addition to what SS states as their portion of Utilities, Gas, Water, and electric .



I started caring for a Disabled man 44 Spinal Bifid wheel chair bound .. that lived with his Father now in his 80"s. I was hired due to my quantification on my resume.. and the Father ask me if his son could come live with my husband and I because he could no longer see to his sons care when their was not a care giver there ..Although he was able to care for himself, he no longer felt that he was able to give his son the responsible care that he required ..he was unable to remember on many occasions to give him the correct shots of insulate or his medications .. Nor could he remember without writing down the young mans appointments..



I told him I would work from his home until I was better acquainted with the young man, and make sure all family members that were involved in with the mans care was all in agreement that the man would be able to move to my home .. And after 3 months had passed the young man moved happily into my home with my husband and I .. One of the mans siblings also agreed this would be best for everyone .. and the father and other son helped with the move of the client into our home ..



I went to an auction and I bought A Hoyer Lift so that I could lift the 260 pound client from bed to chair and back.. Which I was told that I was to be re embursed for .. Because this item was to be used to safly lift his son .. The Clients Wheel Chair was Damaged while in the Fathers home and in his care, being struck by Lightening with the client sitting in the chair in April of 2010. and because of the damage done to the electrical wiring of the Wheel Chair it was a Hazard to keep him in it.. So while waiting for Medicaid and Medicare to get approved the client a new Chair, the Father ask me if his son was able to barrow a Chair that we owned and was attempting to resale, for two months until a new Chair was able to be approved and delivered for his son.. However because of Cuts in Medicaid and Medicare the Client was unable to receive a new chair .



the Father has a will already made out . it was made several years ago .. He is leaving to each of his sons 1/4 section of land and Hay payments .. and everything else in his Estate is to be Auctioned and divided equally with all four boys..



The Father had me write a statement that described what is owed to me , that he signed and the disabled son signed that I am to hand into the courts to file a claim against the Fathers Estate and auction .. So that I would be paid for the Hoyer Lift and the Electric wheel chair that the father said he would pay for ..



My Question is..

Will a statment signed by both parties stand up in court so that I will be paid back for the equipement or can the other siblings keep me from being paid?
 
My Question is..

Will a statment signed by both parties stand up in court so that I will be paid back for the equipement or can the other siblings keep me from being paid?


Answer: That can ONLY be answered if someone balked at you getting paid.

Then you'd have to take the matter to court and sue on the note.

The problem for you is, that father isn't responsible for the debts procured in the name of a physically challenged (but, otherwise mentally normal) 44 year old man!!!!!

The note, should have been signed by the 44 year old man that you are assisting.

He is the one that received the benefit of the wheelchair and other goods.

I suggest you request a promissory note.

However, the statute of limitations expires in five years on promissory notes.

But, what you possess is nothing more than a form of an oral contract, which somewhat appears to have been reduced to writing.

That said, the statute of limitations on oral contracts is only three years in your state, Kansas.

If you're not careful, you might not get anything back.

Why?

The dad had no authority to contract for the 44 year old son.

The dad isn't his legal guardian, because the man isn't mentally incapacitated.

How did you spend for the lift?
What price did you place on the chair?
Did he agree to pay that price?
What do you think he owes you for everything?

One final note on this situation.
You do know that dad isn't guaranteed to die before you, or the son, right ?


That's why you'd have a hard time collecting your debt out of the estate, if one or more of the sons objected.
You also need to know that none of your patient's brothers are responsible for paying his debts.
 
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.The Father is the 44 disabled mans Legal Gaurdian, POA,Conservator and payee ...
I entered into an agreement with the Father to allow the disabled man to barrow this electric wheel chair for 2 months, however it has been over a year.and sence I am not able to re sale this chair on open market. the father agreed to buy it for his son..

I bought the lift, because it was needed to lift the man from chair to bed back and forth he is 260 pounds and no assisting, and I can not call the fire department or neighbors to lift this bed ridden man every day , it was the father that said he would re emburse the cost of the lift.

I have photo copies of what the Chair and Lift both cost me attached to the letter that is signed by BOTH the Father and his disabled son . the orginal receipts was given to the father attached to his paper that he took with him..


the sibleing have stated to the father they have NO intitions of ever coming to visit the handi cap sibleing, and it has been a year sence anyone has stopped by our home except the father .. the one son that helped with the moving in stopped by once to drop off some mail from the father.

I do not know who will be made his Gaurdian, POA Payee and conservator next in line.. however I am sure that has been placed in the will of the father.. All I want is to be paid for the equipment that I have paid for ..
 
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You didn't read my post. I knew all of that.

But, spina bifida doesn't make you mentally incapacitated.

As I sad before, the father isn't responsible, nor is any other person, responsible for the debts of a 44 year old man.

You may want to be paid, but you may not get paid.

If I were you, I'd ask the father to pay you now.

Why?

You have no legal means to be paid out of the estate.
 
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