Source: Urban Live Original
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Looking for black in Ganzhou, Jiangxi
An octogenarian grandmother gave birth to six daughters
In order not to add to the trouble of the daughters
The elderly choose to spend their old age in nursing homes
However, what I didn't expect was this
Her expenses in a nursing home were not covered
In desperation
The old man took all his daughters to court
The old man's name is Lin Dingzhao, and he is 86 years old this year. At that time, she was already in arrears of several thousand yuan in the nursing home, and when she received this maintenance dispute, the presiding judge, Pan Chunling, was extremely cautious.
Pan Chunling, President of the Case Filing Division of the Xunwu County People's Court of Ganzhou City: We believe that maintenance disputes involve a repair of family relationships. If a case is filed, a court or a trial, that is not the best way to deal with it.
Supporting parents is not only a legal obligation for children, but also a traditional virtue of the Chinese nation. So, why are the daughters unwilling to support their mothers? In the face of this seemingly simple but complicated maintenance dispute, the Xunwu court decided to adopt the method of pre-litigation mediation to resolve the conflict at the source. The location of the mediation was chosen in a local Hakka ancestral hall.
After on-site questioning, some of the defendants indicated that they did not fail to fulfill their maintenance obligations, but attached conditions.
One of the defendants, the fifth daughter, Wang Wudi: I will support you, but you have to settle the accounts clearly.
Wang Liudi, one of the defendants and the sixth daughter: My opinion is very simple, the nurse's fee should be calculated.
In fact, it is not that the defendants do not understand the law, but what kind of account do they have that will affect the maintenance of their mothers?
After some understanding, the judge found that the conflicts between the sisters have been around for a long time, and there are some money disputes mixed with them. Lin Dingzhao and his wife were originally supported by their eldest daughter, but in 2017, Lin Dingzhao's husband died, leaving more than 70,000 yuan, and this pension money was kept by the eldest daughter's son, the eldest grandson Wang Feng. Then, the death of the eldest daughter, coupled with the conflict between the grandparents and grandchildren, in 2022, Lin Dingzhao finally chose to live in a nursing home, and at the same time asked for the remaining 67,000 yuan left in the custody of the eldest grandson.
Wang Sidi, one of the defendants and the fourth daughter: Wang Feng said that I didn't have time to take care of her, so everyone said that they didn't have time to take care of her, and the money was returned to her, and when she was sick, everyone would come together.
It is understood that Lin Ding recruited the old man at that time and still had more than 60,000 yuan left by his wife, originally, using this money to support the elderly was enough to maintain for a period of time, but why did she not even pay the cost of the nursing home in the end, where did the money go?
In the past two years, Lin Dingzhao has been hospitalized many times because of his old age and frailty, and he suffers from chronic diseases such as high blood pressure. According to the second and fourth daughters, when their mother was sick and hospitalized, there was an agreement between their sisters, that is, whoever took care of the elderly could get the corresponding nursing and food expenses according to the number of days they were cared for. This cost is paid from Lin Ding's existing pension money of 67,000 yuan.
Wang Sidi, one of the defendants and the fourth daughter: If I hadn't taken care of it and asked someone else to take care of it, would the money be given to someone else, right? That is to say, I had told you that the price would be the same for whoever went.
Wang Sidi said that in the past two years, her mother spent more than 60,000 yuan on hospitalization when she was sick, of which because she took care of her mother for the most days, the calculated nursing expenses and food expenses were more than 7,000 yuan. In this regard, the sisters pointed out that the fourth child sometimes spends 100 yuan a day to hire someone to take care of his mother, but the bill for them is 200 yuan a day, which makes them angry.
One of the defendants, the sixth daughter, Wang Liudi: We serve our daughters, we should be our daughters' servants, and whoever goes to serve will pay for them. You shouldn't ask for your mother's money to earn food and eat your mother's money, right?
At the mediation site, several defendants quarreled several times over the issue.
Wang Liudi, one of the defendants and the sixth daughter: I'll talk about it, don't intervene, I'm there for half a month, 24 hours a day.
One of the defendants, the fourth daughter, Wang Sidi: I have delivered food.
Wang Liudi, one of the defendants and the sixth daughter: Did you deliver it? I didn't see a single meal when you came to the hospital, so your mouth was even harder.
Just when the daughters were arguing, Lin Dingzhao, who was sitting opposite, looked a little lonely and helpless, stood up and said something.
Plaintiff Lin Dingzhao: What do I mean, now there are so many sisters, just make up a little bit for my old man to eat, my wife is also gone now, otherwise you don't need to make up, I am actually quite pitiful alone, the house in the county is very big, my grandson lives in the county, and the other sisters live in other places, so I am left alone here, and now they let me use the pension to support myself, and the pension is not enough to spend, I hope they can give me a good share.
On the same day, the mediation lasted nearly four hours, and finally the judge suggested that the top priority was to resolve the issue of the plaintiff's maintenance, and if there was a dispute between the defendants, a separate lawsuit could be filed.
Pan Chunling, President of the Case Filing Division of the Xunwu County People's Court in Ganzhou City: She wants to live in a nursing home, you know? She doesn't want to increase your burden one by one, but my mother works so hard, loves you so much, thinks about you like this, and you still have to quarrel about these things like this, and then what does she want? One is the issue of alimony, and in addition, everyone lives so close to each other, everyone can take turns to have more people come to see her.
Under the repeated explanations of the law by the judges and mediators, several defendants gradually eased up. In the end, they reached a mediation agreement, that is, to pay 900 yuan per person on the spot for 2023, and 300 yuan per person per month from 2024 onwards, and if there is an increase in the cost of serious illness or rehabilitation center in the future, the six people will share it equally.
Pan Chunling, President of the Case Filing Division of the Xunwu County People's Court of Ganzhou City: I told the old man, the old man was more excited, and he shed tears, to be honest, let the old man face such a mediation process, we can't bear it, but fortunately, everyone reached a consensus, and the matter was resolved more satisfactorily.