Her POA has made many mistakes (i.e.: writing a personal check for the wrong amount for her property taxes, which was 2 weeks from a lien being placed before I intervene) & refuses to provide financial documents to the nursing home. She was transferred to a hospital for a 2nd time, this time the nursing home won't accept her back. BTW her labs are all normal & the 2nd hospital doesn't know why they sent her there
Sounds like something finical is going wrong. Best get Elder Law immediately. Possibly transaction is not in good faith for mother. So personal transaction towards POA.
I know Nursing home request
Bank Statement and Social Security, anything dealing with assets. Not hard to receive POA refusing seems like denial to assist mother for Medicaid. Elder Law quickly.
Nursing home sent mother to hospital for many reasons. Sneaky way of getting paid. Send mother to hospital and if she's there 3 days plus Medicare pays bill and mother has 30 days to return to nursing home or lose her bed. So apparently it sounded she returned and only for nursing home sending her back to hospital. ( failure to take care of mother) Nursing home false records or illnesses) harming mother ( yes yes nurse home need checked ) Elder Law & Ottoman investigation. Call Area for the Aging get assist.
Don't know why refusing they are hoping hospital find mother another location. It's all about the money not care
All could of been clear POA needs to request documents.
Hope this assist you some. At know. All fails file an Partition with the courts , they will investigate and assigned Legal Guardian.
Along with deep investigation on POA and records of mother's financial
Respectfully Brown sugar
If I were to hazard a guess, there’s a 3 1/2 month bill unpaid at the NH. And the NH has run out any sense of humor in having her as a resident. They got at best maybe 14-20 days of post hospitalization MediCARE $ but zero $ since and zero cooperation to do LTC Medicaid application. If the OP gets involved, the NH is going to want to affix that bill onto her/him. NH knows they won’t be able to ever get the POA nephew living in another State to pay a penny. It’s a tar baby of a hot mess imo.
Imho The POA nephew is either incompetent, an idiot or has been skimming funds off his Aunties finances. It’s going to be a hot mess no matter what. There’s probably a reason why you haven’t been your moms POA, it may not be the best idea to start now. Maybe best to let winter APS or a court appointed guardian deal with all this.
Your mom either needs a new POA - which she can meet with an attorney to get it done easily if she is still somewhat competent and cognitive; OR the court can appoint a guardian or conservator for her. Either needs to happen to get the documents needed for LTC Medicaid.
? for you? where is her SSA monthly income going to currently?
Like has it been paid every month to the NH that she has been in? She is required to do a copay of almost all her income less $130.00 to the NHs even if she’s Medicaid Pending or if not the NH will want someone to sign off to be financially responsible for this. If that didn’t happen AND there’s been immense foot dragging by an out of State POA, my guess is, that the NH sent your mom to the 2nd hospital for what you described it as no valid health reasons was to get her moved out of the NH; the NH was 100% over dealing with her financial & Medicaid documents noncompliance. They did a ER/ ED dump and refused to take her back to the NH. They found a semi legit reason to call EMS to do a ER run and then refused to take her back.
Is this possibly the situation?? If so, discharge planner at the hospital is the one now who has to find new NH placement for your mom. I’d be somewhat concerned that mom will be evaluated to not meet the “at need for skilled nursing care” standards that the LTC Medicaid program requires for a NH placement. That would make this an additional problem. Be aware that the planner will try to get you to come and take her home with you & should that happen all responsibly for her care is now on you. Folks do get stranded at the hospital till they can find a Nh willing to take them. The big hurdle will be, if she filed for LTC Medicaid, that she’s timed out in her application will be in the system. A lot of NH won’t even consider taking in a resident like this if they can avoid it.
In order for your mom to be eligible for LTC Medicaid program (the one that pays for custodial care in a facility) the Caseworker has to have documentation to show that she is “at need” financially and medically for the program. If nephew has been misappropriating $, or your mom gifted $, up to 5 years back, that will be an issue for her LTC Medicaid eligibility. Think about if this could be the case.
So what’s going on with her house? For an elder who owns a home, they are allowed to keep it an an exempt asset. But due to copay to the NH requirement, they have zero $ to pay house costs. The $130 that FL allows as a personal needs allowance - in theory - isn’t supposed to be spent on the house. It falls on family to do and pay all property costs. I’m guessing nephew hasn’t done this?
If POA nephew is renting it, or AirBnB it, that’s income for your mom that has to be reported. If he almost had it go up for tax sale, he’s way too irresponsible. I’d suggest that you look into courthouse records to see if there’s any debt or other filings on the property that will be an issue. Like he placed it up as collateral. If so, dealing with this type of situation is costly complicated. Again may be best of letting APS and a court appointed guardian deal with it.
Your cousin does not seem to be competent to be POA for your mother. You should speak to an elder law attorney to get advice on this.
I can understand - maybe - screwing up once, but twice ?
Do you not mention why you are not managing these legal matters?
Someone needs to do who is responsible, even if a person needs to be hired to do this. Perhaps she needs a fiduciary or an ind medical social worker - to manage her affairs. This is unacceptable as it is 'set up' now.
When a person is in a nursing home, it is necessary for the person handling these responsibilities to KNOW the rules of the nursing home re admittance, esp after a person leaves for any reason, and then wants to return.
You need to intervene asap.
Gena / Touch Matters
In my State you have 90 days from date of filing to get Medicaid information required. The main thing is 5 yrs (some States 3) of bank statements. That is checking and savings. Proof of any IRAs, CDs, ect. Insurance policies with cash in value. Proof of SS and any pensions. I had a list I had to provide. I think u need an Eldercare Lawyer. The cost can come out of Moms money. This situation is just too complicated for you even with POA.
Does your mom have dementia?
If she is competent to make decisions, she can change her POA. It is her choice as long as she has not been deemed incompetent. Otherwise you may have to file for guardianship. I have read that hospitals have the capability to call the courts to get a temporary guardianship in some cases.
Regardless, it sounds like she needs a certified elder attorney to help sort this out.
I have read here on the forum that sometimes ALF will send patients to the hospital when they want them to leave. I suppose NH might do the same. If she can’t pay and they can’t file for Medicaid they might be trying to shift the responsibility to the hospital. Have you spoken with the hospital social worker? perhaps start there and ask what they have done in the past when this has happened. Be careful not to sign anything for your mom as you are not her POA and because you do not want to be billed. This is a tough spot but be careful not to let them talk you into taking her home with you. I assume she must need NH level of care to have been admitted the first time. They will have to find a place for her. You are not responsible unless you accept the responsibility.