Self-Help

Applying for CHOICES to pay for your care in a nursing home or your home

CHOICES is part of TennCare Medicaid

Who pays for long-term care in Tennessee?

Nursing home costs can reach $6,000 a month or more in Tennessee. Few families can afford this for very long. CHOICES is the major payer for nursing home care in Tennessee. CHOICES is part of TennCare Medicaid, the health care program paid for by the state and federal governments.

Many people expect that Medicare will pay for nursing home care if they need it. Medicare is the health insurance program for Americans who get Social Security payments. But Medicare gives little coverage for skilled care in a nursing home, and it doesn’t pay at all for non-skilled care in a nursing home. It also doesn’t pay at all for the care people need to stay at home.

Tennesseans who need nursing home care need to know the rules for getting CHOICES. Many people think they must sell their home before they can get CHOICES. They don’t. Many think they will leave their spouse poor. That’s not true either. The rules have important protections for spouses. It also protects anyone who is your dependent.

This self-help information explains the basic rules for getting long-term care. WARNING: This information is not meant to take the place of legal advice. All cases are different and need individual advice.

CHOICES helps pay for 3 different kinds of services

CHOICES calls these “groups.”

Group 1 is nursing home care.

To get these services, you must need help with many everyday activities. How much help you need is called the level of care. You can get nursing home care at any age.

Who can get CHOICES Group 1 nursing home care?

To have CHOICES pay for your nursing home care:

1. You must be living in or going to live in a nursing home that takes Medicaid payments
2. You must live in Tennessee
3. You must meet CHOICES money and property rules
4. You must meet one set of the level of care rules
   • One set of the new level of care rules is called the acuity scale or rules. Acuity means how serious or bad your health problems are. For the acuity rules, TennCare looks at:
     • How likely you are to need nursing home care
     • How serious you problems are
     • How much and what kind of help you need with medical care
     • How much help you need with activities of daily living, like walking, eating, going to the bathroom, etc.
   • The other set of level of care rules is called the safety determination. To meet these safety rules, you must have proof that you and others around you cannot be safe if the only help you have is:
     • CHOICES Group 3 services (about 20 hours a week of services in your home or in your community), and/or
     • Medicare skilled nursing care at home for a short time, and/or
     • Care paid for with private insurance, and/or
     • Care by family and friends who are willing and able to take care of you

Group 2 is care in your home or community that doesn’t cost more than a nursing home.

To get these services, you must need help with a lot of everyday activities, and you must meet income and property rules.

Who can get CHOICES Group 2 care at home and/or in the community?

To have CHOICES pay for care in your home and/or community:

1. You must want to get this care in your home - not in a nursing home
2. You must live in Tennessee
3. You must be age 65 or older. OR be 21 or older AND have a physical disability. CHOICES says the physical disability must keep you from using part of your body. You must need help with things like moving around. Or you must need help moving from bed to chair or toilet or bathtub.
4. You must have family or a friend who cares for you or checks on you. They don’t have to live with you. But they must at least call to  make sure you are okay. They must be someone you can count on.
5. You must live in a place that is safe for you to live in. It must be a safe place for you to get help.
6. The place where you live must also be safe for paid helpers to work in.
7. You must meet CHOICES money and property rules.
8. Your care at home can’t cost CHOICES more than nursing home care. This is not just the cost of your home and community-based services. It is also the cost of home health or private duty nursing TennCare pays for. Home health care that Medicare pays for doesn’t count.
9. You must meet one of the sets of level of care rules for Group 1 nursing home care.

The types of services that CHOICES Group 2 care pays for includes:

• Adult day care
• Assistive technology - machines or equipment that help people do things. Examples: hearing aids, computers
• Attendant care - Having someone help with your care. Examples: helping with bathing, taking medicine, using machines or equipment
• Companion care - Having someone who does light housekeeping, fixing meals, shopping, errands, etc.
• Home-delivered meals
• In-home respite care - Someone who comes in to care for you, to give your regular care-giver a break
• Inpatient respite care - a short nursing home stay to give your regular care-giver a break
• Small changes to your home, such as a ramp or grab bar in the bathroom
• Personal care visits - Having someone come to help with dressing, brushing teeth, bathing, laundry, fixing one meal, changing sheets, etc.
• Personal emergency response system like Life Alert
• Pest control - to get rid of insects or mice
• Short nursing home stays

Group 3 is care in your home or community that costs no more than $15,000 a year.

To get these services, you must be (a) 65 or older, or be (b) 21 or older with a physical disability, and you must get SSI payments. It's not necessary that you need as much care as a nursing home gives, but you must need help with everyday life activities to stay healthy and safe.

Who can get CHOICES Group 3 home and community-based services?

To have CHOICES pay for care in your home and/or community:

1. You must be on SSI
2. You must need help with at least one everyday life activity. This can be:
   • Feeding yourself
   • Going to the bathroom
   • Walking
   • Getting out of bed
   • Using a wheelchair
   • Or other activities
3. A doctor must say that you need this.
4. You must want to get this care in your home - not in a nursing home.
5. You must live in Tennessee.
6. You must be age 65 or older. OR be 21 or older AND have a physical disability. CHOICES says the physical disability must keep you from using part of your body. You must need help with things like moving around. Or you must need help moving from bed to chair or toilet or bathtub.
7. You must live in a place that is safe for you to live in. It must be a safe place for you to get help.
8. The place where you live must also be safe for paid helpers to work in.

CHOICES can help pay for up to $15,000 of home and community-based services for you. The services can be:

• Adult day care
• Assistive technology - machines or equipment that help people do things. Examples: hearing aids, computers
• Attendant care - Having someone help with your care. Examples: helping with bathing, taking medicine, using machines or equipment
• Home-delivered meals
• In-home respite care - Someone who comes in to care for you, to give your regular care-giver a break
• Inpatient respite care - a short nursing home stay to give your regular care-giver a break
• Small changes to your home, such as a ramp or grab bar in the bathroom
• Personal care visits - Having someone come to help with dressing, brushing teeth, bathing, laundry, fixing one meal, changing sheets, etc.
• Personal emergency response system like Life Alert
• Pest control - to get rid of insects or mice
• Short nursing home stays

Group 3 does NOT pay for care 24 hours a day.

How do you apply?

If you already have TennCare

Call your TennCare health plan (MCO) to apply for CHOICES. The phone number is on your TennCare card.

If you don't have TennCare

The main place to apply is the Area Agency on Aging and Disability at 866-836-6678. It’s a free call. If you can’t get CHOICES, they can tell you about other programs that may help.

What to expect when you apply

The Area Agency on Aging and Disability will ask your doctor for information about your health and needs. Then, they will fill out a paper called a Pre-Admission Evaluation (PAE). TennCare uses this information to decide if the care you need meets CHOICES’ level of care rules.

Then the Area Agency on Aging and Disability, the nursing home worker, or the TennCare health plan case worker must also fill out a Pre-Admission Screening Resident Review (PASRR) paper. The PASRR shows if you need mental health help and if that help can be given in a nursing home or not.

TennCare decides if they will pay for your care mostly based on your PAE and PASRR papers. hey will use your PAE and PASSR to see if you meet either the acuity scale rule or the safety determination rules. 

What if TennCare says you don’t meet the new level of care rules?

If you are denied by TennCare, then you have two choices:

1. See if you meet the rules for CHOICES Group 3. It pays up to $15,000 a year for home and community services. This is about 20 hours a week of care. The rules you must meet are:
   • You must be getting SSI
   • AND you must be 65 years of age or older
   • OR be 21 years of age or older AND have a physical disability AND you must need the “at-risk” level of care but not the nursing home level of care. This means you need help:
     • Eating or
     • Walking or
     • Going to the bathroom or
     • Moving from place to place or
     • Can’t tell people what you want or
     • Can’t understand what people tell you or
     • Don’t always know who someone is or where you are or
     • Can’t give yourself medicine, not counting insulin, or
     • Need a nurse or therapist for tube feeding, wound care, therapy or ventilator care or
     • Have dementia
2. Appeal TennCare’s decision if you think you DO meet the CHOICES rules. An appeal is a way to get mistakes fixed. The letter turning you down should say why you were turned down. It should also tell you how to appeal. You have 30 days to appeal after you are turned down for CHOICES. A family member or friend can appeal for you. If you need help with an appeal, you should call a lawyer, or you can call the local legal aid office (like WTLS).

The Money and Property Application for CHOICES

The money and property rules to get CHOICES to help pay for care in a nursing home or in your home are the same. If you already have TennCare, you don’t have to do a money and property application. If you don't have TennCare, you or your family must answer the questions on the money and property application.

If you started your CHOICES application at the Area Agency on Aging and Disability, then they should help you get the papers together for this part. They will send your money and property application to TennCare.

If you did not start your CHOICES application at the Area Agency on Aging and Disability, then ask the Area Agency on Aging and Disability or your TennCare case worker where to get help. They will give you a list.

How TennCare decides if your income meets CHOICES guidelines

How much income do you get each month? This is one of the first questions they will ask. Some types of income count for getting CHOICES and some don’t.

What income does TennCare count?

TennCare counts the income that comes in the name of the person who needs care. The income they count includes but is not limited to Social Security payments, pensions, dividends, and rental income. To get CHOICES, your income that counts must usually be less than $2,199 per month.

TennCare does NOT count these types of income when you apply:

• The first $20 a month of unearned income, such as Social Security or pension payments
• Veteran’s payments for someone in the household other than the patient
• VA payments for medical costs
• Tax refunds
• Energy assistance payments
• Payments from credit disability insurance policies

What if you don’t have enough money to pay the nursing home without CHOICES?

You may be able to get CHOICES anyway. This is true even if your income is too high for CHOICES. But, some or all of your income must go into a special kind of trust. It is called a qualifying income trust. Income in the trust doesn’t keep you from getting CHOICES. But it goes to help pay the cost of your care. To set up this trust, you need a lawyer trained in elder law. To get names of such lawyers, contact your local Ombudsman, call your legal aid office (like WTLS), or go to the National Academy of Elder Law Attorneys web site.

What if TennCare turns you down for CHOICES because of your medical application or your money and property application?

You can appeal. An appeal is a way to get mistakes fixed. The letter turning you down should say why. It should also tell you how to appeal. You have 30 days to appeal the decision. A family member or friend can appeal for you. If you need help with an appeal, you should call a lawyer. Or, you can contact the local legal services office (like WTLS) to see if they can help.

What happens to my income after I am approved for CHOICES?

CHOICES in a nursing home

If you are in a nursing home, you get to keep $50 per month for personal needs. If SSI payments are your only income, then you can keep $30 a month for personal needs. If you get an improved Veterans pension, then you will keep $90 per month for personal needs.

This is what happens to the rest of your income:

• Part of it may go to your spouse if you are married
• Part of it goes to any dependent family members living with your spouse
• Part of it goes to pay your Medicare and health insurance payments
• Part is set aside to help pay certain medical costs not covered by health insurance, and
• The rest is paid to the nursing home (they call this money the “patient liability”)

The TennCare CHOICES case worker figures out how much of your income goes to what.

CHOICES for home and community-based care

If your income less than $2,199 per month, then you can keep all of your income for your personal needs. CHOICES pays the full cost of your home and community-based care. If your income is more than $2,199 a month, then you get to keep the first $2,199 of your income for your personal needs.

This is what happens to the rest of your income:

• Part of it may go to your spouse if you are married
• Part of it goes to any dependent family members living with your spouse
• Part of it goes to pay your Medicare and health insurance payments
• Part is set aside to help pay certain medical costs not covered by health insurance

The TennCare CHOICES case worker figures out how much of your income goes to what.

Income your spouse at home can keep

CHOICES lets your spouse at home keep certain income. The person at home may keep the higher of:

• All income paid in their name, OR
• All income paid in their name plus some of the patient’s income. They get what it takes to bring their income up to $1,992 per month.

Are their monthly housing costs more than $597.60 (30% of the $1,992)? Then the spouse can keep more of the patient’s income. They can keep enough to bring their income up to $2,980. Housing costs include rent or house payment, taxes, insurance, lights, heat, and water.

What if the patient has dependent family members living with their spouse? If the patient is on CHOICES, they may also have more of their income paid to their dependents.

CHOICES rules about property

Get expert legal advice about your property. CHOICES rules about property and other assets are confusing. Contact a lawyer who knows a lot about this area of the law. That’s the best way to find out if CHOICES counts investments and trusts. Also ask about joint savings, annuities, financial notes, and other assets. Usually to get CHOICES, you can have up to $2,000 in assets that CHOICES counts. Some things like your house, one car, certain burial funds and spaces and household and personal belongings don’t count.

CHOICES does not count certain types of property when you apply. But, they may take the property after you and your spouse die. This pays CHOICES back for the money spent on the patient’s nursing home or home or community care.

Tell TennCare about all of your property (assets)

If any property sold or given away in the last 5 years, be sure to tell your TennCare CHOICES worker. You can be charged with a crime if you know but:

• You don’t tell CHOICES about your property (asset) or
• You don’t tell CHOICES about something that was given, sold, or traded away or
• You hide important facts about what you own

What if you have too much in property that counts for choices?

If you have too much property for CHOICES, you can spend the property as you wish. But giving away or selling property for less than a fair price can cause serious problems.

Property and savings your spouse at home can keep

If you are married and applying for CHOICES in a nursing home, then your spouse at home can keep:

• Any property that CHOICES does not count, and
• The highest of the following amounts:
  • Do you have a property that brings in income? For example, is it a house you rent to someone? The at-home spouse can keep enough to bring their income up to $1,992 per month. In some cases, your spouse could keep more. Many times, this rule lets your spouse at home keep all of the property.
  • OR $23,844
  • OR half of the total property and savings in the “snapshot assessment,” up to $119,220
  • OR an amount set by a court or administrative law judge. Does your spouse have special needs, like high medical expenses? In these cases, judges may set a higher amount.

Important CHOICES rules about selling or giving away savings or property

Giving away income, countable savings or property, or a home can cause problems. So can selling or buying property, in some cases. This is called a “transfer.” If your countable property or savings are transferred, you can be kept off CHOICES for a while.

IMPORTANT: Always get the advice of a lawyer that knows this area of law. Do this before you transfer money or property that might affect if you can get CHOICES.

There is NO problem if:

• The property was sold for a fair price (fair market value) OR
• The property was transferred to the spouse. This is because all assets of married couples are counted, no matter who owns them OR
• The property was transferred to your child of any age who is blind or disabled OR
• The property was transferred more than 5 years before you applied and met the rules for CHOICES. This is also true for money transferred to or from a trust. OR
• The property was transferred to a special trust for a disabled person under age 65 OR
• Qualifying for CHOICES was NOT the reason for the transfer. This can be hard to prove. OR
• The penalty would cause “undue hardship” for the nursing home patient. This is hard to prove.

The state may take the patient's property after their death

Most of the time, the State tries to get paid back from money and property you leave when you die. They try to get back the cost of CHOICES care you got after age 54. They also try to get back the cost of nursing home care the State paid for. But they can only do this after you die. It’s the law. This law is called estate recovery.

Your things can stay in the family longer if you can leave them to certain relatives

By law, the relatives listed below can have your money or property when you die. The State won’t try to get paid back until they die or the child reaches age 18. The law calls these people “exempt” family members:

• Your spouse
• Or a child of yours of any age IF they were blind or disabled before age 21
• Or your child under age 18

In a few other cases, you can give your home to your child or sibling. Before giving your home to them, see a lawyer who knows Medicaid transfer law. If this isn’t done right, it can cause tax and other problems for your family.

If you are leaving things to someone the law lets keep your money and property until they die or reach 21, make sure they know to fill out a TennCare Request for Release paper. If they don’t, the State will take your money and property from them anyway. They can get the release paper from the probate court or online. They must send it in with proof that they are someone who has the right to your money and property. If the State agrees, they will get a paper called a Release. Then the State won’t try to get paid back right after you die.

Do you know an adult who can no longer make healthcare or money decisions?

Being their conservator is one way you can make decisions for them.

What if someone you know can’t make health care decisions or handle money? If you want to help, you have some choices. First, see if the person who needs help already has any of these legal papers:

• Legal papers that name someone to make their healthcare decisions:
  • Appointment of Health Care Agent/ Durable Power of Attorney for Healthcare
  • Appointment of Health Care Surrogate
  • Conservatorship of the Person
• Legal papers that name someone to make their money decisions:
  • Durable Power of Attorney for Financial Matters
  • Representative Payee
  • Conservatorship of the Estate

These legal papers tell you who can make decisions for the person who needs help. All of the papers listed above give someone the legal right to make decisions for someone else. This booklet is only about conservatorship in Tennessee. Conservatorship means you have a court order to make decisions for someone else. You are this person’s “conservator.” The person who needs help is your “ward.”

For anyone to get conservatorship, the person who needs help MUST:

• Be disabled or have mental illness or injury
• Need someone to look out for them full or part-time
• Not be able to make their own decisions

There are two kinds of conservatorship.

1. The Conservator of the Person makes decisions about someone’s personal and physical care. If you are the conservator of the person you must:
   • Do what is best for the person
   • Make sure they have the help they need
   • Make sure they have a safe place to live
   • Make sure they have health care
   • Follow the person’s Advance Care Plan or Living Will, if they have one. It says what kind of health care they want.
   • Do what you think the person who needs help would want
   • Make decisions based on the person’s own beliefs or religion
   • Every year you may have to report to court saying how the person is doing
2. The Conservator of the Estate handles someone’s money, property and bills. If you are the conservator of the estate, you must:
   • Do what is best for this person
   • Take care of this person’s income and property. Does this person have money left after paying for their needs? Then you must make good decisions about how to invest it
   • The judge may order you to send reports to the court. The reports show what you are doing with the money and property.

The judge may make you conservator of the person and the estate. Or he may give you one job and choose someone else for the other job.

How to apply for conservatorship of the person, the estate, or both.

It is very hard to get a conservatorship without a lawyer. Lawyers know what papers the court needs and how to fill them out. In some counties, the court clerk’s office can give you the papers. In other counties, you must have lawyer file the papers with the court.

1. You must have a sworn written paper (affidavit) from the person’s doctor. The paper must say that the person can no longer make their own decisions. What if the doctor won’t give you this paper? Then you can ask the judge to order it.
2. You or your lawyer must write to the person who will be the ward. You must also send the letter to their close adult relatives. It tells them you are asking to be the conservator. You must do this before the court date. It gives them a chance to stop you. The judge will not OK the conservatorship until this has been done.
3. File a Petition paper with the Court - The court must be in the county where the person lives. Each county has courts that do conservatorships. You can file in either the Circuit or Chancery Courts.
   • When you file, you must include a doctor’s sworn paper saying this person can’t make decisions. If the doctor didn’t give it to you, ask the judge to order it from the doctor.
   • You may have to pay a filing fee when you give the court clerk the petition paper. Can’t pay the fee? You can file a paper called an Affidavit of Indigency. If the judge approves it, the fee won’t be paid until the case is over. What if the person or their family doesn’t want you to be the conservator? Or what if the judge doesn’t make you conservator? Then most of the time, you pay the fee. What if the judge makes you the conservator? Then the fee comes from the income of the person you will be conservator for.
4. The judge may name a lawyer called a guardian ad litem or GAL. The GAL’s job is to check the facts in your petition paper. The GAL will look at medical and financial records. The GAL will talk to the person who needs help, you, family and doctors. They will give the judge a written report. The report will say if the conservatorship should be approved. It will say who should be conservator. It will say if the conservatorship should be limited. Limited means the conservator can only do certain things. You may have to pay for the cost of the GAL. The judge doesn’t always name a GAL.
5. Go to the Hearing - A date will be set for you to come to court. Some judges will want the person who needs help to come, too. Is he or she too sick or disabled to come? Tell the judge. Some judges will want a doctor’s letter saying why the person can’t come. The judge decides if the person who needs help must come.
   • At the hearing, the judge looks at reports from the GAL and doctor. The judge decides if this person needs a conservator of the person or estate or both. He says who will be the Conservator of the Person. He may make a different person Conservator of the Estate. The judge says what things the conservator can decide. The judge will say if you must make reports to the court and how often.

The person who needs help has rights.

Conservatorship is very serious because it takes away basic rights. The person who needs help has a right to fight the conservatorship. To do this, they need to prove that they can make their own decisions.

The person who needs help has a right to a lawyer. If they can’t afford one, the judge will give them one. The person who needs help has a right to have a jury trial and bring witnesses.

The person who needs help may ask the judge to have a different doctor examine them. This new doctor will say if they need a conservator.

What if the person who needs help doesn’t want you as the conservator? If the judge chooses someone else to be conservator, you may have to pay the court fees.

Does having a conservator take away all rights of the person who needs help? No. They still have the right to decide things not listed in the court order.

Can a Conservatorship End? Yes. The person who wants to end it can ask the judge to end it. Or they can have someone acting for them ask the judge. They do this by filing a petition paper with the court or by sending a letter to the judge saying why the conservatorship should end. The judge may set a hearing date or ask a GAL to check things out.

Can the Conservator be changed? Yes, if you file a paper with the court and the judge approves it. You or the person who wants to be conservator can file the paper. Or someone acting for the person who wants to be conservator can file the paper. You must say why a change is needed. You will have to pay a filing fee to the court.

Reasons a judge might agree to change the conservator:

• The conservator is not taking care of the person’s health problems OR
• The person is living in a unsafe place OR
• The conservator is spending the person’s money on someone else OR
• The conservator doesn’t check to see how this person is doing

What is abuse?

Physical

Intentional use of physical force that results in illness, injury, pain, impairment, distress, or death

Sexual

forced sexual interaction, through touching or non-touching acts of any kind; may be caused by tricking, manipulating, or coercing the older adult into undesired contact

Emotional

Verbal or non-verbal behavior that results in anguish, mental pain, fear, or distress; characterized by yelling, belittling, insulting, ignoring, or inducint guilt

Neglect

Failure by a caregiver or another responsible person to protect an older adult from harm, or failure to meet needs for essential medical care, nutrition, hydration, hygiene, clothing, basic activities of daily living, or shelter, resulting in serious risk of compromised health and safety

Financial/Exploitative

The illegal, unauthorized, or improper use of an older adult's resources by a caregiver, trusted person, or stranger for the benefit of someone other than the older adult

Reporting abuse

Tenn. Code Ann. § 71-6-103

• Anyone reasonably suspecting abuse of a senior must report
• Your identity is confidential unless a judge orders it revealed
• Failure to report is a misdemeanor

Who do I tell?

• Local or state police
• Your doctor or physician
  • Make regular visits to your doctor and tell them about any issues you are having
• Tennessee Domestic Violence Hotline
  • 800-356-6767
• Adult Protective Services
  • 888-277-8366
• Long-Term Care Ombudsman (for older adults living in nursing homes)
  • Northwest Tennessee
    • Kim Boyd
    • 731-694-1835
    • West Tennessee Legal Services
    • 113 W. Paris St, Huntingdon, TN 38344
  • Southwest Tennessee
    • Norma Bell
    • 731-668-6411
    • Southwest TN Area on Aging and Disability
    • 102 E. College St, Jackson, TN 38301
• West Tennessee Legal Services (offices in Jackson, Dyersburg, Huntingdon, and Selmer)
  • 731-423-0616

Taking action

File criminal charges

File for an order of protection

• Filed by the victims themselves
• Same effect as a restraining order
• Can be used to keep someone away from your finances
• Violation of an order of protection can result in fines and/or jail time

File a civil lawsuit under TAPA

• The victim, an agent, or relative of the victim can file a civil lawsuit for damages
• Money damages are available for abuse, neglect, and financial exploitation

Petition for conservatorship

• A conservator makes decisions when someone cannot make their own decisions
• Anyone who knows that another person needs help can file
• Conservator can be a relative or the public guardian

Give an agent power of attorney

• Anyone can appoint a power of attorney to handle finances, medical decisions, or both
• You can choose to have this done immediately or at a later date
• This can be revoked, but choose a trustworthy relative or friend

Build a strong support network

• Family, friends, church, and social groups

What should you look for?

Physical signs

Bruises, burns, broken bones, bad hygiene, malnutrition

Emotional signs

Frequent arguments between the victim and their caregiver, changes in personality or behavior, withdrawal from normal activities, strained or tense relationship, sudden changes in alertness, unusual depression, isolation

Financial signs

Sudden changes in financial situation, caregiver not taking care of basic needs, transfers of property or large gifts, weight loss, poor self-care

Who is vulnerable?

Those who are experiencing or have experienced:

• Previous abuse
• Mental illness or impairment
• Drug or alcohol addiction
• Dependence on caregivers
• Lack of social support
• Unavailability of services
• A culture of silence around abuse

Who commits abuse?

• Family members
• Adult children
• Partners or spouses
• Caregivers
• Those in relationships of trust
• Scammers

What is estate recovery?

Tennessee’s Medicaid program (TennCare) uses estate recovery to get back some of the money it has spent on older TennCare patients. When the Medicaid patient dies, TennCare tries to collect, or recover, money from the estate of the Medicaid patient. This is called estate recovery.

Federal law requires every state to recover some of the costs for Medicaid care given to anyone who is age 55 or older. Each state has different rules for estate recovery.

How does estate recovery work?

In Tennessee, the Bureau of TennCare may only recover money from property that is managed through a probate court. Since Medicaid patients do not have much money, there may not be any property left when the Medicaid patient dies. If there is no property or money left, then there is no “estate” that can pay TennCare. Medicaid does not get paid back when there is no estate left.

Sometimes a Medicaid patient owns a home, a small bank account or a business. If that property has to be managed at the owner’s death, a case is filed in the probate court*. Here are some reasons why property might need to be managed through a probate court:

• A dead person cannot own property. So, after the owner’s death, the probate court decides who will be named as the property owner.
• Property may need to be sold through probate court, if there are debts that must be paid. TennCare estate recovery is one kind of debt that might need to be paid.
• A probate case must be filed if it is not clear who the true owner of the property is, or who has “title” to the property. A probate court will decide who has title to the property.

When a probate case is started, the executor (or the attorney for the estate) must send a notice to TennCare. Then TennCare will file a “claim” which tells how much money was spent for the deceased Medicaid patient. By filing a claim, TennCare is asking the court to make sure that money is paid back to TennCare. Other creditors will also file claims, if there are other debts to be paid. Taxes and TennCare costs must be paid before other creditors are paid.

Are there limits on when TennCare can seek the recovery?

Yes, TennCare cannot seek payment until after the Medicaid patient’s death. Also, TennCare must delay recovery if the Medicaid patient has

• a surviving spouse, or
• a surviving minor child or
• a surviving adult child who is disabled.

In those situations, the state must wait until the death of these family members before seeking recovery. 

Most creditors must file their claims within one year of the death of the debtor. But TennCare does not have to follow that deadline.

Are there limits on how much TennCare can recover?

TennCare can get back only the amount it spent on this Medicaid patient. If the estate has more money than TennCare spent, then the rest of the money goes to the “heirs” – the people who would inherit the property in the estate. If the Medicaid patient had long term care insurance, or other insurance, that paid part of the medical bills, make sure that TennCare does not bill for services that other insurance paid.

What happens if TennCare files a claim that is wrong?

Once TennCare files its “claim,” the executor of the estate is allowed to file an “exception” to the claim. An “exception” is an argument that the claim is wrong or asks for too much money. The judge decides whether the claim must be paid; and, if so, how much is paid.

Are there protections for the heirs of a Medicaid patient?

In claims involving TennCare, there are some rules that are followed that don’t apply to other creditors. The judge can decide that making a payment to TennCare will create a “hardship” on the people who would otherwise inherit the property in the estate – the “heirs.” If the judge decides that paying TennCare will cause a hardship, he will not allow the TennCare claim to be paid.

Tennessee law says that a hardship exists when “estate recovery” would cause:

• The heirs to lose their main income, or
• The heirs to go on Food Stamps or Families First to get by, or
• A loss of property or money that would seriously hurt them in some other way.

Sometimes, TennCare will “waive” or forgive the debt on its own, if TennCare thinks the debt would cause a hardship.

There are other protections for family members of the Medicaid patient.

The state may not recover against a patient’s home if

• The Medicaid patient had TennCare while living in a nursing home, and
• The patient’s child lived in the patient’s home for at least two years before the Medicaid patient entered the nursing home, and
• The child proved that he or she provided care for the Medicaid patient, and
• The child provided care that allowed the patient to delay going into the nursing home, and
• The child still lives in the patient’s home.

The state may not recover against a home if

• The Medicaid patient lived in a nursing home, and
• The Medicaid patient had a sister or brother who lived in the home for at least a year before the patient entered the nursing home, and
• The sister or brother still live in the home, and
• The sister or brother owns part of the home.

*A special note about probate court

The property owned by a deceased person does not always have to pass through probate.  For example, the money in a bank account would not have to be managed through the probate court, if

• the bank account has a joint owner, or
• the bank account has a “payable on death” (p.o.d.) provision and
  • a p.o.d. beneficiary is listed. (The beneficiary is the person to whom that “p.o.d.” payment is made).

Sometimes, a house or other real estate will pass to other owners automatically upon the death of one owner. But, that does not always happen. This happens only if there is special language in the real estate deed.

If real estate does not pass automatically to the other owners, then it may have to be managed through the process of probate.  These issues usually come up, after the owner’s death, when someone is trying

• to sell the property,
• to re-new homeowners’ insurance,
• to borrow against the property, or
• to re-finance a mortgage that is attached to the property.

Are you thinking about giving your home away now that you are older?

Perhaps you want to avoid probate. Or you want someone else to take care of the property. Maybe you want to help a family member. Or you worry you can no longer live alone and want someone to stay in the home with you.

Whatever the reason, take time to protect yourself before giving your home away.

There are serious problems can come up when you transfer your home. Talk to an attorney who knows about elder law or estate planning.

You should never sign away your home ownership without first getting advice from an attorney.

What happens if I give away my home?

You will lose the right to decide how your home will be used. You will have no say in whether the property is sold, mortgaged, taken by creditors, or used for purposes other than as a home.

You will lose the right to live in the home or anywhere on the property. You also lose the right to rent the property or use the property for other purposes.

You may have problems with creditors. You could face serious trouble if you have creditors who have a lien on the property or if you file bankruptcy. If you transfer a home or other property, and as a result, a bank or other creditor is unable to collect a debt, the transfer can be canceled. Sometimes, such a transfer is considered to be criminal fraud.

You may lose your property tax relief. If you are over age 65 or disabled, you may have the right to a reduction of property taxes. If you add another person’s name as co-owner of the property, that person’s income will be counted along with yours in determining if you are eligible for tax relief. Of course, if you are no longer the homeowner, you would no longer have to pay the taxes. The new homeowner will not have a right to relief from these taxes unless they can qualify.

You may lose the chance to get help from Home Weatherization and Rehabilitation programs. You may lose the chance to use these programs to improve your home if you add another person's name to the property deed or if you transfer the property.

You may lose SSI or SSI-related Medicaid. If you receive SSI benefits, you could be penalized for giving away your home. If you continue to live in the home after it becomes another person’s property, you will be expected to pay rent. If you do not pay rent, you could lose all or part of your SSI (depending on the amount of SSI you receive). You may lose your TennCare, too. The transfer of the home may even cause the new homeowner to lose both SSI and TennCare benefits, if the new owner also owns another home or another piece of real estate.

Note: When a home or other asset is transferred under the authority of a power of attorney document and the transfer results in a TennCare penalty, the attorney-in-fact (or agent) may be personally liable. Sometimes, these transfers will result in criminal charges.

You and/or your family may owe more in taxes. You may have to pay a gift tax. The person who receives the gift may have to pay capital gains tax if they sell the property at a later time. There are many factors which determine whether a capital gains tax is owed and how much the tax will be. Always get individual advice from a tax professional when you make a transfer or gift of a valuable asset.

You could face issues exchanging your home for in-home care. Never make an agreement to exchange your home for in-home care without talking to an attorney. These arrangements are very risky. Always get help from an attorney before you make an agreement for a person to take care of you. Even if the agreement is that the caretaker will get your home only at your death (inherit your home), you will need a written contract, which follows certain laws, and has special protections for you.

“Life time care” arrangements can

• cause you or your caregiver to owe more taxes
• affect your chance to get TennCare
• cause you or the caregiver to lose certain benefits

Giving away your home will impact eligibility for TennCare CHOICES

The state checks to see if you transferred any property (including a home) before you applied for the TennCare CHOICES program. The state reviews five years of records. If a transfer is improper under TennCare rules, your enrollment in TennCare CHOICES will be denied for a certain amount of time (depending on the amount of the gift or transfer). There is no TennCare penalty for the transfer of a home between spouses, or if the sale or transfer is for fair market value. 

You may avoid a penalty for these types of transfers, but you will need an attorney who knows about TennCare to handle the arrangements:

• to a disabled or blind adult child, 
• to child under age 21, 
• to a child who provided nursing-level care for at least two years,
• to a sibling co-owner who has lived in home at least one year prior to the applicant’s entry into nursing home, or
• if the transfer is to an allowable trust.

If you take another co-owner’s name off the title, that is also considered a transfer. Sometimes, TennCare will forgive the transfer penalty if TennCare decides it would cause “undue hardship.”

Supplemental Nutrition Assistance Program (SNAP) provides benefits for millions of adults ages 60 and over.

SNAP, formerly known as the food stamp program, is an important nutritional safety net for adults ages 60 and over that need help to purchase the food that they need monthly. Many Americans within this age range living on fixed incomes have had limited financial resources to afford food, housing, and other necessities. Research shows that older adults will utilize their financial resources to pay for medication rather than food. As a result, the number of individuals entering hospitals and nursing homes increases. SNAP benefits help to reduce the hospital and nursing home admissions. 

Applying for SNAP can be worth your time! Single seniors living alone may be eligible for $16-$234 of SNAP. In 2020 and 2021, SNAP benefit levels have increased due to the pandemic but even in post-pandemic times, households of any size can be eligible if they have high housing or medical costs and low to modest income.

If you receive income-based government benefits like Supplemental Security Income or Temporary Assistance for Needy Families, you may be likely to receive SNAP benefits. There is no gross income limit for senior households. Households with high medical bills or shelter costs will be more likely to qualify. Seniors and those with disabilities cannot have more than $3,500, non-exempt resources. An applicant's primary residence and money in retirement accounts are exempt. They are not counted. 

West Tennessee Legal Services provides civil legal help to low income individuals, families, and communities in West Tennessee. 

Call to apply for help: 800-372-8346 or apply online: www.wtls.org.

Legal Services provides legal advice and representation for persons with low income and limited resources. The cases must involve civil or administrative law. Applicants are screened for eligibility and to assess the type and strength of the case. The attorneys do not charge for their time. Some persons are helped by Legal Services employees and some are helped by private lawyers who donate their time. 

If you wish to request our services, you must complete an application and give us brief information about your legal problem. All information is kept confidential. Applications are reviewed by project attorneys who decide which cases are accepted. 

Unfortunately, because we do not have enough staff to accept all cases, some applications will be denied. We do not handle criminal cases, traffic accident cases, or workers' compensation cases. We do not take cases where you could win a large sum of money (such as personal injury cases). If we can not take your case, sometimes we can refer you to a private attorney. 

No one will be denied services or be otherwise subjected to discrimination. If you are homebound or cannot travel, we will take your application by phone or mail. 

We do not charge fees for any of our services. However, clients are asked to pay filing fees, court costs, and case-related expenses. 

Special Areas of Services

Call to apply for help: 731-423-0616 or 1-800-372-8346. You can also apply online at www.wtls.org.

Senior Law Project: Provides civil legal assistance for persons 60 or older. 

Elder Justice and Financial Exploitations Project: Provides civil legal assistance for persons 60 or older who are victims of elder abuse and/or financial exploitations. 

Housing Counsel: West Tennessee Legal Services is a HUD Housing Counsel Agency and provides counseling, information, and referral for housing problems. Are you at risk of mortgage foreclosure? Have you been hurt by predatory lending? Do you need help with rental rental issues, home ownership, mortgage default, budgeting and credit issues, Section 8 Rental, public or unsubsidized housing issues? Help is available.

The Fair Housing Project: This project offers legal advocacy for persons who have suffered illegal discrimination in housing. 

Free Legal Information/Help Online or By Phone:

• Visit the website TNSeniorLaw.org
• Call HELP4TN, 1-844-435-7486, or visit www.help4tn.org online to find links to legal information in booklets, handouts, and videos, ways to fill out legal forms, a blog to learn about legal rights, and links to find help in Tennessee. 
• Visit TN.FreeLegalAnswers online to sign up for a virtual free legal clinic. Qualifying users post their civil legal question to their state's website or to the federal site for immigration or veterans' questions. Users will then be emailed when their question receives a response. Attorney volunteers, who must be authorized to provide pro bono assistance in their state, log in to the website, select questions to answer, and provide legal information and advice. Volunteer attorneys will not answer criminal law questions.

West TN Healthcare Senior Services and Alzheimer's Resource Center: Provides applications for Mature Advantage Club Membership Benefits. To learn more, call or visit. Manager, Regina Smith-- Address: 805 North Parkway, Jackson, TN, 38301, Phone: 731-541-8757, Fax: 731-541-8765

UnitedHealthcare Choices: Assists Choices beneficiaries with referrals, appeals, housing recommendations, food assistance, home goods, clothing, and legal assistance referrals. Member advocate: Pam Johnson, Toll Free: 866-862-4258

The Substance Abuse and Mental Health Services Administration has identified four major dimensions that support a life in recovery. West Tennessee Legal Services (WTLS) can help you help yourself by supporting you in these areas:

• Health: WTLS can help you make sure you are getting the support you need to lead a healthy life.
• Home: WTLS can aid you in maintaining a stable and safe place to live.
• Purpose/Employment: WTLS may be able to help you overcome barriers to getting a job and having the independence, income, and resources to participate in society.
• Community: WTLS can help you seek protection from unsafe relationships so that you can build healthy relationships and social networks that provide support, friendship, love, and hope.

You may face obstacles in these areas. Whether or not these obstacles are directly caused by the disease of addiction, we may be able to help!

 

WTLS addresses legal problems affecting basic needs for food security, shelter, medical care, income security, special education, and freedom from abuse.

• Is someone other than your doctor trying to interfere with your Medically Assisted Treatment Plan? You may be protected by federal law.
• Are you having trouble buying healthy food or paying for healthcare? Our Benefits Program and SNAP Outreach and Education Project provide advice and representation to individuals seeking federal, state, and local assistance. 
• Our Consumer Law Project provides advice and representation with problems like debt collection, repossessions, garnishment, student loan collection, and creditor harassment.
• Are you having trouble with a current or prospective landlord because of your past addiction or treatment?
  • According to the Fair Housing Act and the Americans with Disabilities Act, landlords cannot discriminate based on your past addiction or treatment. Our Fair Housing Enforcement Project may be able to help!
  • Also, check out our Homelessness Prevention Project, Default and Foreclosure Prevention Project, and Housing Counseling Project for more resources. You deserve a safe and secure place to live while you recover, and we want to help.

No lawyer?
You can speak for yourself in General Sessions Court

This information is about lawsuits for money or property in General Sessions Civil Court. It doesn’t talk about criminal cases in General Sessions Criminal Court. In the civil court, the judge does NOT give you a free lawyer. It is always better to have a lawyer when you go to court. This information is about going to General Sessions Civil Court without a lawyer. This information does NOT talk about eviction lawsuits in General Sessions Court.

The information will be presented in two sections. The first section helps people who are being sued for money or things. The second section helps people who need to sue someone for money or property.

You don’t have to have a lawyer.

If you are sued, get a lawyer if you can. If you can’t get a lawyer, you can still go to General Sessions Court. It’s always better to have a lawyer, but you don’t have to have one there. You must be able to explain your side of the case. Is your side of the case hard to explain? Then you need a lawyer.

Does the other side have a lawyer? Then you may need one, too.

If you need a lawyer, you must find one on your own. The judge will not appoint a free lawyer for you. Some lawyers will meet with you one time for free. Some lawyers may charge a small fee to meet with you one time. If you talk to a lawyer, ask what they will charge you.

Part 1: What if you are sued

The sheriff or deputy must give you a copy of the warrant. This is so you can see who is suing you and what they say. It’s also to make sure you know about the court date far enough ahead. The deputy can’t just call on the phone and tell you to come to court. It’s not good enough for the deputy to tell your family or friends.

What if the deputy didn’t give you the warrant in person? Go to court anyway.

Does the person who sued you owe you money? Or do they have your things? You can also sue them. This is called a counter suit. It asks for money because they sued you when they had your money or things. The money you ask for is called damages. If you do a counter suit, the judge will hear both lawsuits at the same time.

If you are sued, don’t just forget about the warrant. Go to court when you are supposed to.

What if you can’t make it on the court date? Call the clerk and ask for a new date. If you have a good reason, the judge may agree to a new date. What if you don’t have a good reason? The judge may go ahead and decide against you. What if you don’t show up at court? The judge may decide against you even if you are right.

 At the trial, bring your witnesses. Bring all the papers you have about the case to show the judge. Say exactly what happened.

Do you think you can work something out with the person who sued you? Then ask the judge for mediation. Mediation means someone helps you try to agree. This person is called a mediator. The mediator listens to both sides. The mediator tries to find a way you can both agree. Then the judge won’t need to decide.

How to protect your things if you are sued and lose

If you lose and don’t appeal, you can file court papers to protect your things. Everyone has a right to protect a certain amount of money and belongings. People you owe money to can’t touch this. Things no one can take are called exempt property.

What things can you protect?

These things are always protected:

• Necessary clothes for you and your family
• Your family pictures
• A family Bible
• School books and
• Health care aids, such as wheelchairs or medical equipment.

You also have a right to protect $10,000 worth of personal property. Personal property means money, furniture, cars and every other kind of belonging except real estate. What if the car or furniture is mortgaged and you don’t pay? The person or place who has the mortgage can take the property. But no one else can take it if it’s part of your exempt property.

How do you protect $10,000 worth of personal property? You must file a paper in court within 10 days after you lose the lawsuit. The paper is called a Claim of Exempt Property. You can get this paper from Legal Aid. You must file this paper every time you are taken to court on a debt.

Some money you get is also exempt even after you put it in the bank. Exempt means it can’t be taken because of what the judge decided. This is true for money that comes from:

• Social Security
• SSI
• Families First
• Child support
• Alimony
• Unemployment
• VA
• Workers Comp
• State, federal or city pension checks.

Did you lose the lawsuit? Then the court decided you owe the other side money. The judge’s decision is called a judgment against you. The Court can take your money or sell your things to pay the debt. It doesn’t have to tell you first. To protect your exempt bank accounts, you must file a Claim of Exempt Property. List those bank accounts on the paper. Be sure only exempt money is put into that bank account.

What if your wages are being garnished? A creditor must go to court first to get an order saying you owe the money. You can stop the garnishment by working out a payment plan with the creditor. The plan should be signed by you and the creditor. Then it should be filed with the court.

What if you and the creditor cannot agree on a plan? You can file a paper called a Stay of Garnishment and Slow-Pay Motion in court. It asks the judge to let you make payments. The judge may stop the garnishment and set up a payment plan. The Clerk’s office at the Court can give you a Slow-Pay motion. Also see our brochure “How to keep your paycheck from being garnished.”

 

Part 2: How to sue someone in General Sessions Civil Court

General Sessions Court handles cases where the money or property is worth $25,000 or less. If the case is an eviction or a case where you are trying to get your property back, then the amount can be more than this.

Where can I file the lawsuit?

It depends on your case and where the person you are suing lives. Each county in Tennessee has a General Sessions Court. You can sue in:

• The county where the person you want to sue lives; or
• The county where the property or money is; or
• If there is a contract, in the county where you made the contract; or
• If there was a car wreck, in the county where the wreck was.

How to file the lawsuit.

Go to the office of the General Sessions Court Clerk. Ask for a paper called a civil warrant. Fill out the paper, give it to the clerk and pay the fees. If you are 18 or older, you may do it yourself. If you are under 18, a parent or guardian must sue for you.

Do you need to get your money or things back from someone? To get your things back, you have to fill out a special paper. It is called a Warrant to Recover Personal Property. On the warrant you must put:

• Your name and address. You are called the plaintiff. This means you are the person suing.
• The name and address of the person who has your property or money. This person is called the defendant.
• What property or money you are suing for.

Are you suing for money? Then write down why the other person should pay you the money.

Are you suing for property? Write down each thing you want returned. Put down as much information as you know. If you know the brand name or serial number, write it down. Say how much the market value is for each item. Market value is how much the property would sell for now, not what it cost new. Do you have papers that show you bought or own the property? Make copies of those papers. Take them to court. Give them to the clerk with the warrant. You will have to swear that what you put down is true. It is against the law to lie about this.

The court clerk may help you fill out the warrant. The clerk will give a docket number to your case. Keep this number. You will need this number to ask the clerk about your case.

How much will it cost to file a lawsuit?

You have to pay a filing fee. This fee is different from county to county. It is usually $70 to $150. If you sue more than one person, you must pay more. Call the court clerk to find out the cost.

What if you have little income and can’t pay the filing fee? Ask the clerk to let you fill out an Affidavit of Indigency. This is a paper that says why you can’t pay the fees right now. If the judge okays it, he will decide who pays the fees at the end of the case.

In some cases, you have to fill out a bond. A bond says you promise not to drop the case before it is decided. The bond says you will pay any court costs the judge says you owe. You must sign the bond. You must also get someone else to sign with you. The other person who signs is called your surety.

What happens if you drop the case? You have to pay a fee. If you don’t pay the fee, the person who signed with you must pay it.

Before the hearing

Each person you sue must get a copy of the warrant. They must get it before the court sets a date for a hearing. Usually, the Sheriff gives them a copy of the civil warrant. This is called serving the warrant. After the warrant is served, the clerk or sheriff calls to tell you the court date. 

In some counties, you help pick the court date. If you are helping pick the date, give enough time for the warrant to be served before the hearing.

 Call the clerk the day before the hearing. Make sure the hearing date has not been changed.

 

What if you can’t go to court on the court date? Call the court clerk and ask if you can get a later date. This is called getting a continuance. The judge can give you a new date. Or the judge can throw out (dismiss) the case.

Before the hearing, get together all the papers that back up your side. Write down all the facts that you want the judge to know. Decide if you have any witnesses and what you will ask them. Write down the questions for each witness so you won’t forget.

What if you change your mind about bringing the case? You can drop it, but you have to pay the court fees. What if you change your mind again? You can file it again later. But you can only file the lawsuit 2 times. After that, you can’t file the same case again in General Sessions Court.

Witnesses

You may want to call witnesses. A good witness is someone who saw or heard what happened.

Do you think your witness might not show up? Do you want to make sure the witness is there for the hearing? Then you may want to ask the court to order the witnesses to be there. This court order is called a subpoena [suh PEA nuh].

You should subpoena a witness as soon the court date is set. If you wait until just before the hearing date, it may be too late. The clerk may help you fill out the subpoena. You must pay a fee before the court will send a subpoena. What if you can’t pay the fee? Ask if you can sign an Affidavit of Indigency that says you can’t pay. If it is OK’d, you won’t have to pay up front. The sheriff or deputy will give the subpoena to the witness.

When you go to court

Don’t wear t-shirts with logos or phrases, low-cut tops, or short shorts.

The court will have many cases on the same day. Get there early. Wait in the courtroom until the judge or clerk calls your case. When you hear your name, stand up and let the judge know you are there.

The judge will listen to both sides. Witnesses will get a chance to talk. Both sides can ask the witnesses questions.

The judge decides how much you get. It may be all you asked for in the lawsuit. Or it could be some of what you asked for. Sometimes the judge will decide you don’t get anything.

Will you get more if you and the person you are suing can agree? If you think you can agree, ask the judge for mediation. Mediation means someone helps you try to agree. This person is called a mediator. The mediator listens to both sides. The mediator tries to find a way you can both agree. Then the judge won’t need to decide.

What if you don’t get mediation or can’t agree? Then you talk to the judge. You tell your side first. Tell the judge what property or money you are trying to get back. Tell the judge what happened to make the other person owe you. Call your witnesses and ask them the questions you wrote down. Give the judge any papers showing what happened. Tell why the money or property belongs to you.

If the person you sued comes, they tell their side of the case. What if they do not come? You may still have to tell your side of the case. Ask the judge to decide in your favor.

The judge listens to the witnesses and looks at the papers you provide. Then the judge decides. Sometimes the judge will wait to decide. The judge may want to think about the case more or look up something in the law. This is called taking the case under advisement.

If you win

You get an order that says you can try to collect the property or money. If the person that you sued disagrees, they have 10 days to appeal to Circuit Court.

If the person you sued doesn’t appeal, they may just give you the property or money.

Getting your property back.

What if they don’t just give back the property? You can ask the court to give you a paper called a writ of possession. This paper says they must give you the property. A sheriff’s deputy will take this paper and pick up the property. The deputy will return it to the court for you.

What if the court tells the person to pay you for the property? Then you have a judgment against them. You must try to collect it.

Collecting a judgment

What if you win the lawsuit and the court orders them to give you money? This is called a judgment. The court may also order them to pay you back for the court costs. You must get the money from the person you sued. The court won’t get the money for you. What you can do to try to collect the money:

• Do you know where the person you sued works? You can ask the Clerk’s office to take the money out of his paycheck. This is called garnishment.
• Do you know which bank the person you sued uses? You will need to know the bank name and address. Ask the Clerk to take the money out of the account. This is called an attachment or garnishment.
• You might get the court to take property from the person you sued. You must tell the Clerk where the property is. The deputy of the court sells the property at an auction. The court gives you the money from the sale.

Do you have questions about this? Ask the court clerk. They can explain how things work. But the clerk can’t give you legal advice.

If you lose

You don’t get an order to get your property or money. You will have to pay the court costs.

If you still want to try and get the money or property, you can appeal. You must file an appeal within 10 days from the time the judge decides. You will get a new hearing in the Circuit Court. The Court will treat the case as if your first trial did not happen.

You will have to pay an appeal bond. You may not have to pay if you can get an Affidavit of Indigency. This is a paper that says you can’t pay the bond. If the judge OKs it, you won’t have to pay. You should have a lawyer to appeal. Suing in Circuit Court is harder and costs more than General Sessions Court. You will have to pay the costs if you lose.