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  1. #1
    Join Date
    Jul 2011

    Default In Home Care Provider Taking Advantage of Elderly Client

    My question involves a person located in the state of: California

    My father, age 88, is very ill and on Hospice. When he was released from the hospital in May, the hospital social worker sent a "Dr. Julie" to see him. I believed she was with Hospice. She told me he had 4 to 6 weeks left to live, and we needed 24 hour care for him. She sent her workers there after Hospice left, and they did a good job. Hospice had no idea who Dr. Julie was. I found out she was a chiropractor. I had not questioned, because she was referred by the hospital and arrived at my father's home with Hospice. After about one week I contacted the in-home health agency to get a copy of the contract. I had not seen one, and my father had either. They told us there was no signed contract. They did later send a contract to my father, it just showing up in the folder, I would assume put there by the workers. After 5 weeks my father let the workers go. He has people coming in twice a day to help him out. A couple of weeks later, he received a bill for $2,800 for not giving a two week notice as per signed agreement. He knew nothing about this. I tried calling them many times, and he tried calling them. When he sent his final legitimate payment, I enclosed a note requesting that they contact me so that we could resolve the disputed amount. He then received a letter threatening him with a small claims action including penalties and interest. It was an incredibly mean letter. My father is very upset by this. He is afraid. He has lived his life with integrity and dignity, and is being treated as though he is a criminal. He is a little old man with a grave illness in a wheelchair on Hospice. I know that ultimately he will not have to pay the amount they claim he owes, but he is so upset. This seems abusive to me. He cannot sleep and cannot understand the inconsideration shown by a company who is supposed to be caring for him. He does not have a great deal of money and they know it. So...the question is, is trying to get money from him that he does not owe, threatening him with a lawsuit, abusive?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: In Home Care Provider Taking Advantage of Elderly Client

    If there is no contract calling for a cancellation fee, then there is no contractual cancellation fee to be paid.

  3. #3
    Join Date
    Mar 2009

    Default Re: In Home Care Provider Taking Advantage of Elderly Client

    Consult with an Elder Care Attorney. Take any paperwork with you to that appointment.

    Also, if you wish to aid in caring for your father, or helping make decisions pertaining to his care, the Elder Law Attorney can advise you as to your rights, his rights.

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