A New Jersey appeals court rules that a nursing home that was given authority to apply for Medicaid on a resident’s behalf by the resident’s agent under a power of attorney does not have the authority to appeal the Medicaid case after the resident’s death. L.M. v. Division of Medical Assistance and Health Services (N.J. Super. Ct., App. Div., No. A-6014-17T1, April 30, 2020).
L.M. entered a nursing home, and her husband, acting as her agent under a power of attorney, authorized the nursing home to act as L.M.’s designated authorized representative (DAR) to apply for Medicaid benefits on her behalf. The state imposed a transfer penalty due to uncompensated transfers from L.M.’s bank accounts. The nursing home asked for an undue hardship waiver, arguing that L.M.’s husband and children unlawfully converted L.M.’s funds without her consent.