Cona Elder Law was retained to stop the theft of a resident’s NAMI at the hands of her daughter/Power of Attorney. The outstanding balance at the time of referral was in excess of $100,000 and growing monthly. Shortly after the referral of this matter, when it became apparent that the initiation of a collections action would in no way dissuade the daughter/Power of Attorney from taking the resident’s income, Cona Elder Law filed a Guardianship proceeding in order to put an immediate stop to the ongoing misappropriation of NAMI. A Guardian was appointed for the resident who worked with our firm to file a claim against the daughter with the District Attorney’s Office. Cona Elder Law attended a Fair Hearing and provided evidence of the claim pending with the District Attorney’s Office as well as evidence acquired through numerous assets searches indicating the daughter’s judgment-proof status and succeeded in securing a zero NAMI budget retroactive to the inception of the theft, which was more than 4 years prior to the filing of the Guardianship proceeding.
$121,580.42 in Medicaid benefits via a Zero NAMI budget and continuity of payment secured on the resident’s account.
Cona Elder Law Attorneys
This case was successfully handled by Cameron M. Catrambone, Esq. and Ken Kern, Esq.