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  1. #1
    Junior Member
    Join Date
    May 2008

    Unhappy OWE MEDICIAD MONEY New York

    In 2004 I was power of atty over my uncle. He was getting workers comp checks. He authorized me to use money on my family and himself on what he needed. He resides in a nursing home in NYC. I live in CT. He told me that since he was in nursing home he had no use for the money that's how the POA thing got started. Anyway this went on for almost 4 years. Mediciad now wants to collect the money from me in civil court. The total was about $36k. They tell me if you come up with $28k up front we can settle.

    That's great considring I don't have any assets nothing all I have is my job. The judge and the atty for mediciad don't want to hear anything they keep saying just get the money get the money!!! Now they want me to go to court at the end of june I am terrified I have no idea what's going to happen. I live in ct and they want me to appear in NYC. I am afraid they are going to haul me off to jail and keep me there until I pay. In my situation I would be there the rest of my life.

    Any ideas on what I should do? Should I even go to the court date?

    Please help somebody.

  2. #2
    Senior Member
    Join Date
    Jan 2007
    Philadelphia / South Jersey


    As you were told on your first thread. Get an attorney, immediately !!!!
    "Pluralitas non est ponenda sine neccesitate'' - Sir William of Ockham, a.k.a. Ockham's Razor

  3. #3
    Super Moderator
    Join Date
    Oct 2005
    Springfield, VA


    And I'm the person who told you to get a lawyer in the first place. This really is not a do-it-yourself project anymore, and it's beyond what an advice board can help you with. A lawyer may be able to negotiate a repayment schedule where you can pay it over time. The laws on Medicaid reimbursement are pretty clear, and you're going to have to repay something. Given that a POA is not supposed to self deal, you have situation where your actions don't pass the "smell test". You really need a lawyer.

    If you don't appear in court the judge can issue a bench warrant for your arrest for failure to appear.

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