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Genser 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, Genser 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. Genser 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.
This case was successfully handled by Cameron M. Catrambone, Esq. and Ken Kern, Esq.
Genser Cona Elder Law is a full service law firm based in Melville, LI. Our firm concentrates in the areas of elder law, estate planning, estate administration and litigation, special needs planning and health care facility representation. We are proud to have been recognized for our innovative strategies, creative techniques and unparalleled negotiating skills unendingly driven toward our paramount objective - satisfying the needs of our clients.
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