It is almost axiomatic that when several children come to our offices with, or without, a parent, and begin the conversation with the phrase, “all the kids pretty much agree” all the kids DO NOT AGREE. It is very common for children of an applicant for nursing home Medicaid benefits to disagree about the best care for their parent. It is rare, but not unseen, for kids to disagree about to disposition of their parent’s property. So, most of the family disputes we see in practice are over the subject of care choices.
Often, the child who is physically the closest to the parent is the one who sees no alternative than a Nursing Home. Often, it is a child who lives some distance, who visits when they can, and who has just recently interacted with the parent, who favors home care, or some other alternative.
There is no general rule as to who is right at the outset of a case. But here are some of things we look for. 1., can the parent be safely cared for outside of a facility? 2., do any of the children expressing an opinion actually know the parent’s preference today? 3., do any of the children have financial or emotional reasons for favoring an alternative that is not supported by the health needs of the parent?
It is not our job to mend the historical issues that arise among parents and their children. It is solely our job to see that the rational wishes of the parent are carried out and that our actions reflect the best interests of that parent.
This article is written by an attorney at Attorney Donald Wyatt, PC. Always consult an attorney before making any legal decisions. To make an appointment today for a free consultation, please click here to contact us.