Amici Curiae of North Carolina Chapter of NAELA, Disability Rights North Carolina, North Carolina Regional Long-Term Care Ombudsmen Association and Corporation of Guardianship
In the August 29, 2018 eBulletin, it was stated that Legal Aid of NC requested funding. Please note a correction that the North Carolina Chapter of NAELA requested funding to support preparation of an amicus brief in the matter of Greenhaven Healthcare and Rehabilitation Center v. Foust, which involves the nursing home residents’ right to retain characterization of their homeplace as their “primary residence” upon entering a nursing home (to protect the home from being sold by the nursing home and potentially other creditors during their lifetime). NC NAELA took the lead in preparing the amicus brief and assembling co-signors, including Disability Rights North Carolina, North Carolina Regional Long-Term Care Ombudsmen Association and Corporation of Guardianship. The NAELA Foundation and NC NAELA each provided half the funding for the amicus brief.
The North Carolina Chapter of NAELA (NC NAELA) filed its amicus brief on August 22, 2018. The oral argument was scheduled for November 15, 2018, but the nursing home appellant dropped its appeal on November 2, 2018.
In December 2018, NAELA celebrated a favorable result in Greenhaven Healthcare and Rehabilitation Center v. Foust. This continues the protection of the home, after nursing home admission, from the claims of creditors, who might otherwise force sale during their lifetime. Among other benefits, that may also permit protection of the home under various Medicaid provisions.