Mountrail Bethel Home v. Lovdahl

2006 ND 180, 720 N.W.2d 630, 2006 N.D. LEXIS 182, 2006 WL 2359414
CourtNorth Dakota Supreme Court
DecidedAugust 16, 2006
Docket20060002
StatusPublished
Cited by5 cases

This text of 2006 ND 180 (Mountrail Bethel Home v. Lovdahl) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mountrail Bethel Home v. Lovdahl, 2006 ND 180, 720 N.W.2d 630, 2006 N.D. LEXIS 182, 2006 WL 2359414 (N.D. 2006).

Opinion

VANDE WALLE, Chief Justice.

[¶ 1] Mountrail Bethel Home (“MBH”) appealed from a district court judgment dismissing its claim against Bonnie Lovdahl for payment of nursing home services provided to Colin Lovdahl. We conclude the district court’s findings are insufficient to determine whether there was a contract between Bonnie Lovdahl and MBH, and we reverse the judgment and remand for further proceedings.

I

[¶2] Bonnie and Colin Lovdahl were married on November 28, 1964. In November 1999, Colin Lovdahl suffered a severe stroke, and in December 2000, he began residing at MBH, a nursing home. Bonnie Lovdahl signed an “Admission Agreement” that set out the terms of Colin Lovdahl’s admission to MBH. Bonnie Lovdahl testified that she signed the Admission Agreement on her husband’s behalf and at his request, and an MBH social worker also testified that Colin Lovdahl asked his wife to sign the agreement for him. At the time of his admission, Colin Lovdahl qualified for Medicaid, which paid the entire monthly cost of his care, except for a private room charge that Bonnie Lovdahl paid.

[IT 3] On November 15, 2000, shortly before Colin Lovdahl was admitted into the nursing home, he transferred all of his real property interests to Bonnie Lovdahl by a quit claim deed. Bonnie Lovdahl testified that she informed the Medicaid eligibility workers about the property transfer when-she applied for Medicaid for Colin Lovdahl. On May 30, 2001, Bonnie Lovdahl transferred all the real property she had acquired from Colin Lovdahl to their children by means of a warranty deed, reserving a life estate for herself.

[¶ 4] In April 2002, Bonnie and Colin Lovdahl were divorced. Colin Lovdahl was still living at MBH, and his account was current with no amount due. The divorce decree did not mention the MBH contract or who would be responsible for any future debts to MBH. Each party was awarded the personal property in their possession at the time of the divorce, and the decree did not mention any interest either party had in any real property.

[¶ 5] Before the divorce, Bonnie Lovdahl was authorized to act under a power of attorney for Colin Lovdahl, and *632 after the divorce, that authority was transferred to the Lovdahls’ daughter. After the divorce, Bonnie Lovdahl also stopped paying Colin Lovdahl’s private room charge. In June 2002, Medicaid stopped paying for Colin Lovdahl’s care after determining he was no longer eligible for the program because he did not receive any of the available assets in the divorce. Notice of Colin Lovdahl’s ineligibility was sent to his daughter. Between June 2002, and December 2002, MBH did not receive any payments for Colin Lovdahl’s care, and the amount due for those months totaled $80,828.03. MBH sent all bills and correspondence about Colin Lovdahl’s account to his daughter because MBH had been notified that she was authorized to act for him under a power of attorney. MBH did not attempt to collect payment for Colin Lovdahl’s care from Bonnie Lovdahl or give her notice that his account was past due.

[¶ 6] In December 2002, Bonnie Lovdahl hired an attorney for Colin Lovdahl to help him become eligible for Medicaid again. The attorney contacted MBH to discuss Colin Lovdahl’s eligibility, and the attorney and MBH discussed payment of the unpaid portions of Colin Lovdahl’s account, including whether Bonnie Lovdahl would assume responsibility for the debt and sell some real estate to pay the debt. Bonnie Lovdahl testified that she fired the attorney after the attorney suggested she accept responsibility for the debt. On December 27, 2002, Colin Lovdahl again became eligible for Medicaid, and all the nursing home expenses he incurred after that day were paid in full.

[¶ 7] In February 2003, MBH sent Bonnie Lovdahl a letter stating it believed she was responsible for the unpaid amounts on Colin Lovdahl’s account under the divorce decree. In October 2004, MBH sued Colin and Bonnie Lovdahl, alleging the Lovdahls contracted with MBH for nursing home services and seeking $35,626.57 for breach of contract. MBH also argued that if Colin Lovdahl would have received a fair share of the parties’ assets in the divorce he would have been able to pay the nursing home bill. In November 2004, a default judgment was entered against Colin Lovdahl, but he had died and his estate did not have any assets to satisfy the debt. After a trial on MBH’s contract claim against Bonnie Lovdahl, the district court found Bonnie Lovdahl was not liable for the unpaid nursing home expenses because any possible obligation Bonnie Lovdahl had to pay for Colin Lovdahl’s nursing home care did not survive the divorce. The court also found it could not question Medicaid’s eligibility determinations or “undo” the divorce.

II

[¶ 8] MBH argues the district court erred in failing to find an enforceable contract between MBH and Bonnie Lovdahl. MBH claims that the language of the Admission Agreement clearly provides that Bonnie Lovdahl signed the agreement as the responsible party and was aware she would be obligated to pay any portion of the nursing home expenses Medicaid did not cover. MBH also argues her obligation did not terminate when the Lovdahls divorced. MBH cites N.D.C.C. §§ 14-07-08(3) and 14-07-10, which are the statutes that set out spouses’ mutual liability for certain debts, in support of its claim that Bonnie Lovdahl is liable for Colin Lovdahl’s nursing home debt.

[¶ 9] Bonnie Lovdahl argues the district court correctly concluded that she was not liable for the debts Colin Lovdahl incurred after their divorce. She also claims the district court implicitly found there was no contract between MBH and Bonnie Lovdahl.

*633 [¶ 10] The issue before the district court was whether there was a contract between Bonnie Lovdahl and MBH for nursing home services for Colin Lovdahl. After making detailed findings of fact, the district court decided:

the Court finds that there is no basis for holding Bonnie liable for the cost of Colin’s post-divorce nursing home care at MBH. If Bonnie’s signing of the Admission Agreement somehow obligated Bonnie to pay for the cost of Colin’s care, that obligation terminated upon the parties’ divorce — and, in any event, the evidence is clear that: (a) the cost of Colin’s care was being paid by Medicaid at the time of the divorce; (b) Colin’s account with MBH was current at that time; and, (c) the same did not become delinquent until after the divorce Judgment was entered.
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Once Colin became a self-pay resident, it was incumbent upon MBH to ascertain how and by whom the cost of his care was to be paid — and preferably sooner rather than later, so as to avoid the situation MBH now finds itself in. While this is not meant to be critical of MBH’s decision-making process in this matter- — and perhaps MBH was indeed “too nice” to Colin and the Lovdahl family in terms of how MBH dealt with this situation — the fact remains that MBH was in a position to mitigate its damages, but waited several months before deciding (apparently) to discharge Colin for non-payment. While the Court is by no means unsympathetic to MBH’s plight, the foregoing analysis demonstrates that MBH’s claim against Bonnie must be dismissed. (Emphasis in original.)

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Cite This Page — Counsel Stack

Bluebook (online)
2006 ND 180, 720 N.W.2d 630, 2006 N.D. LEXIS 182, 2006 WL 2359414, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mountrail-bethel-home-v-lovdahl-nd-2006.