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Elder law

# 2,263
# 2,269
I have an adult older brother (53) that lives in a Nursing Facility in IL. He has not lived on his own since he was in his late teens because of mental problems from overdosing and nearly dying. My mother passed away in 1998, and I remember the Nursing Facility sending me a paper to sign and it stated I was a guardian. After reading things, I don't believe I am really a guardian as the court never appointed me or for that matter there was no legal process. As far as I know I am just family. I send him money and buy clothes for him, but I have no say so in his actual care. I received a Privacy Act letter from one of the Billing companies for a Nurse Practitioner that cared for him,. They want me to sign the "Notice of Privacy Practices" where it states legal guardian or patient. They also sent a insurance information form asking for updated insurance and contact information (for me). Since the state and the nursing home handle his care with him receiving Medicare I don't have any of this information and what they received from the Nursing Home is what he has for billing purposes. I feel they are trying to get me to sign something so they can try and bill me for whatever Medicare doesn't cover for their charges. Also, since I really haven't been appointed guardian by a court, I feel that I am not a guardian or I would have more say so in his care. Whatever the form was that the Nursing Home asked me to sign when my mother passed away was not correct in my opinion because it wasn't done legally, and it would be condsidered invalid. Am I correct?
Asked in IL May 19, 2022
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# 2,273

March 6, 2012

The day before, Leanne asked me to help her out and stay with an old lady for a few hours in Spring Hill, on Holbrook Street as she had something else to do. It was only for a short time as the old lady�s husband was supposed to come and pick her up to take her out for lunch and to visit friends.

I arrived at the house around 7:30 and Leanne�s husband explained what I had to do, the proper medicine was put out and I had to give it to the old lady. He said that Leanne and he will be back around 10:00 AM.

The old lady woke up around 8:00 AM; I helped her get up, get dressed; I gave her breakfast and the medicine. After breakfast, she wanted to go to the restroom, we went there and while there I heard the doorbell ring. I thought that it was the old man, coming to pick her up or that Leanne came back early.

When I opened the door, there were two men who came into the house right away and told me to show my IDs, because they wanted to check the house and find the room of a person that I didn�t know. They didn�t identify themselves or showed any papers why they were there, the only thing they said was that they came to check the house. When I came back from the shock, I told them that I had no IDs and that I had no idea what they wanted as I was only helping out for a few hours and didn�t know much.

The shorter man accused me of lying and demanded that I tell him where I slept otherwise he would take me to jail. He treated me like I was a serial killer. He made me sit down in a chair right away, he didn�t even let me move or pick up the phone which was ringing constantly. I asked him if I could call Leanne or someone else who could clarify the situation but he didn�t let me do anything and continued to talk to me arrogantly. I was very afraid of him as he almost attacked me and when he left to call someone, I ran out of the house. He came after me, took away my car keys from my hands, opened my car, and took out my purse and from it my wallet. He checked how much money I had and took out all my ID cards. He then put away my cards and took away my purse and wallet without another word. After this, he dragged me to his car forcefully and put handcuffs on my hands.

I kept telling him that I had no idea why he was there, that I didn�t know anything but he did not believe me; he told me that if I told him everything that I knew about a person named Agnes, he would only give me a ticket.

I tried to explain him that I wasn�t a nurse; I was only there because someone asked me a favor. I told him that I cleaned houses and worked for my own company. He demanded that I tell him when I first came to this house; I told him that I was there first to clean it in January when the house was empty. He wanted to know who paid me, how much he or she paid me, how many times I came to this house, I told him that I came to the house about 3 or 4 times in the past months: I cleaned the house in January, I brought a cake for Agi, but at that time I went to her office, that day and about two weeks ago, when the old lady�s family was there and took her out, I was only there until they brought her back.

After I told him all this and he had the handcuffs on me, he seemed to relax. Not long after this, I asked if I could go to the bathroom. He took off the handcuffs but he searched me to make sure that I had no weapons. He also searched the bathroom and then told me to leave the door open while I was in the bathroom.

He then called for a Hernando sheriff since only a sheriff can write a ticket for me.

what happens when I going to court?

Asked in FL May 19, 2022
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# 2,276

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