Elder Law

Insurance -- named beneficiary not living, prenup specifies

StanH2 — Wed, 01 Sep 2010 17:11:58 GMT

In Minnesota:

I am preparing the final information for the court for my deceased father's estate. My father died in September 2009 and is survived by his 2nd wife who has alzheimer's and has her daughter as conservator. There is a death benefit due through my father's previous employer, now bankrupt.

The only beneficiary named is my brother, who died prior to my father's passing. [The insurance company] will not give me any information at all. A form letter says that when no named beneficiary exists the next in line is the decease person's wife. [The insurance company] won't tell me whether they paid or intend to pay her. And her conservator/daughter is secretive and won't share information with me about her mothers money matters.

The reason I want the death-benefit information is that a Prenuptial Agreement exists that says: "Each party renounces any right he or she would have as surviving spouse in the property or estate of the deceased party ... the surviving party shall disclaim such interest or immediately transfer it to those who would have been entitled to receive it had he or she not survived the deceased party." It also says that all assets going into the marriage belong to that person individually.

Can someone please recommend the path(s) I might take to get the amount paid, or due, and to assign it to my father's estate?

Mom with undiagnosed dementia neglecting Dad with Alzheimer'

CRG1234 — Sun, 05 Sep 2010 17:52:06 GMT

My elderly mother has developed dementia. She can't recognize that she can't remember important things and believes she is OK and that I am trying to get her locked up. She can't remember that my dad has Alzheimer's and she refuses to provide the care he needs. The state DHS worker came and was convinced by her that everything is fine. (If you talk to her briefly everything does seem fine. You have to spend many hours there to know it isn't.) My dad is in danger because there is nobody competent to see that he gets his medicine and insulin properly. What do you do when DHS won't help?

Private Pay to Medicaid

SKlocinski — Mon, 16 Aug 2010 20:57:03 GMT

My 92 year old mother has Alzheimer's. We kept her in a private pay Alzheimer's facility as long as we could but now her funds are running out. In May we moved her to a Kentucky nursing home that accepts Medicaid because we understood that it would be easier to make the transition to Medicaid if she were already a private pay patient. She is currently there as a private pay patient but we will need to file for Medicaid soon. When my sister informed the nursing home that we would be filing for Medicaid, the nursing home said they would put her "on the list" and that we cannot file for Medicaid until they "have a Medicaid bed available". My mother will be out of funds and my sister, brother and I between us cannot provide the $5200 a month over and above her income for an indefinite period of time. My understanding is that they cannot discharge my mother because she applied for Medicaid. Is that correct? If we cannot care for her at home and do not have the money to private pay, can the nursing home discharge her or try and force us to private pay because they do not have "a Medicaid bed"?

Alzheimer's patient signs POA. POA is abusing power (?)

JE1466 — Fri, 16 Jul 2010 20:09:08 GMT

We, members of the six families, totaling over 21 relatives, do hereby state our intentions to investigate, pursue and prosecute to every legal extent possible our cousin “Mary” and her husband "Tim" for the offense(s) of Financial Elder Abuse, Fraud, Failure of fiduciary responsibility and/or any other crimes, criminal, civil and otherwise as prescribed and allowed by law on behalf of senior citizen and Alzheimer's patient “Flo”.

We acknowledge that "Flo" is suffering from Alzheimer’s disease and requires considerable care. We freely acknowledge that "Mary" and "Tim" have made genuine and reasonable efforts to care for "Flo's" physical needs.

We base our intentions to pursue legal remedy for “Flo” based on several clear and specific actions and events;

1. Both “Flo” and her husband (deceased) purchased family land previously owned by her brother "Francis" in 1986 for use as a family vacation home. "Francis" originally purchased the place for his adopted children, brothers, sisters, nieces, nephews and their prodigy to gather and bond. After "Francis" passed away in 1986, “Flo” purchased the property from "Francis’" estate with 100% intention to carry on his traditions and to insure that the property never leaves the extended family. This was verbalized many, many times by all three individuals, "Francis", "Flo" and her husband in the presence of many family members. In light of this goal of keeping the property in the family and based on these assurances, the remains of three family members are now buried on this land.

2. "Mary" has recently announced that she intends to sell said family land to remedy a lack of funds needed to care for "Flo’s" failing health. Said lack of funds were caused by "Mary's" breach of responsibility as alleged “Power of Attorney” for her parents by failing to pay her mother's husband's Life Insurance premium, causing a financial meltdown. If "Mary" had paid her father's Life Insurance premiums, then this cash issue would not even exist. We consider this a breach of her fiduciary responsibility.

3. It is our strong belief that "Mary" and "Tim" did willfully desecrate her Mother’s Brother’s Memorial Cross (put in the ground in the presence of her parents during the burial of her "Flo's" youngest brother) by ripping it out of the ground, smashing the cross and throwing it into a burn pile, proving to all that her motives are personal and she has little or no regard for her family or her parent’s wishes.

4. "Mary" and "Tim" did willfully engage in exploitation of "Flo's" finances by charging "Mary's" parents for work unauthorized and unnecessary without any bid process, knowing full well there were talented, capable and professional tradesmen in the extended family who would have gladly done the work for free. The work was all done and checks were written to "Tim" to the tune of $9,297.48 over the six months of documents made available to us.

5. Based on Six Bank Statements provided by "Mary" (after legal demands were made), a full 33.97% of the money ($11,251.89) taken from "Flo's" modest estate were not explained or supported by any receipts, and in fact at least one check totaling $1,685.58 is actually missing from the documentation and completely unaccounted for. Of these unknown or unsupported costs were $9,297.48 written in check form to "Tim". There may very well likely be more, but so far we have not been provided access to additional documentation beyond the last six statements.

6. "Mary" allegedly holds a Will, prepared by her father for his estate, yet has never displayed said will to any family member despite multiple requests that she do so.

7. "Mary" has withheld access to the family home in Northern California from her siblings without cause.

8. "Mary", despite any proven right to do so, has forbidden her siblings and extended family from the right to attempt to resolve "Flo's" financial issues internally before arbitrarily concluding to sell "Flo's" real property.

9. "Mary" has allowed her fiduciary responsibilities to fail, due mostly to her personal vendettas, opinions and relationships, with complete disregard to "Flo’s" best interests and intentions.

10. "Mary" has shown a complete unwillingness to work with anyone, to offer any disclosure or allow for other solutions to be considered.

11. "Mary" has displayed a propensity for deceit, pathological behavior and misuse of her parent’s funds.

12. "Mary" has grossly mis-managed "Flo’s" financial matters. Within the six months of documentation that were provided there are two bounced checks. Also, at least one family member has been paying monthly rent to use the Cabin property but several of the checks expired before they were ever cashed. This was happening while "Flo’s" accounts were being drained and checks from her account were being bounced.

13. "Mary" unlawfully hired individuals to work as nurses for "Flo" without appropriate legal documentation or taxation, a clear breach of her fiduciary responsibilities.

14. "Mary" has forbidden her own siblings from accessing "Flo’s" doctor to discuss her condition and needs. We feel this clearly demonstrates malice, self-interest and spite in direct defiance of the "Flo’s" best interest and an example of gross misconduct as it pertains to her alleged POA.

15. "Mary" directed "Flo" to sign a five page, single spaced Power of Attorney at least 18 months AFTER being diagnosed with Alzheimer’s disease that gave full POA to "Mary" and her husband "Tim". She also assigned her and her husband as Conservators. We believe that there is NO WAY that "Flo" had the mental capacity to sign such a lengthy and complicated document in her state at that time. We, as "Flo's" other children and extended family also feel that the Power of Attorney document in its current state is a fallacy as it does not represent the true wishes and Interests of "Flo". Our question to the court would be why just "Mary" and "Tim"? We feel that this document does not provide any REAL protection for "Flo". There simply is no oversight. We feel this is a clear case of Elder Abuse.

We formally state that if "Mary" had simply alerted her extended family to impending issues it is very likely that "Flo" would not currently be in the situation she is in.

We intend to pursue our case in a court of law, seeking financial reimbursement for "Flo" as well as ourselves for legal and other reasonable and appropriate monies spent on behalf of "Flo" during this process.

We will press for, and demand, a full civil and criminal investigation. If this investigation finds that "Mary" and/or "Tim" and/or any other individual have broken any laws pertaining to "Flo" and her husband's estate, breached (the alleged) POA, or misrepresented oneself as a POA, we will immediately press full charges and request maximum sentences as prescribed by law, up to, and including financial penalties, and if appropriate, jail and/or prison.

Finally, as a family, we intend to provide for "Flo’s" best interests financially and physically and to insure that she is healthy, comfortable, protected and loved for the remainder of her years.

I think that pretty well covers it. My question is (hopefully) obvious. Do we have a leg to stand on? Is there enough here to get us into a court room and further to demonstrate a complete disregard for "Mary's" responsibilities?

Thank you in advance for any thoughts and/or advise.

What can we do!!! 87 Yr. Dad Kinda Nuts

jeafra10 — Mon, 16 Aug 2010 23:19:00 GMT

I am writing for my half brother about my step-dad. He is 87 and lives with my brother in Colorado. He used to live in Las Vegas and next door to a black lady that he hated and talked about everday, she would take him to the Casino but only if he paid her. She was about 55 years old. Well forward story, this is about 2 years now him living in Colorado with Brother. He has decided that living with him and having to pay 252.00 a month is too much. He is leaving at the first of the month and going to live at a Senior Place in Southern California down the street from this lady. He is legally blind and uses a cane and can't live alone, and he just got more money from the Veterans for being blind and all these things that go with a disababled vet. He also had his drivers license taken away and he is taking his car with him. This lady calls him and tells him sweet nothings and makes up stories for him and he loves it. She is taking him and has taken him for all of his money. I don't care because he doesn't have that much and I am not on any will let alone he doesn't even speak to my sister and I. He divorced my Mother that was 80 years old and wished her dead all the time. He is a piece of work. Thank God my Mom passed away and didn't have to hear all this. I think this is Elder Abuse at its finest. She knows what to say and then some. He said she is planning on picking him up on Sept. 4 this coming month and taking him to her place and then find him somewhere to live because remember she couldn't stand him. We can't deal with him even as we live in California because he hates us and he will be in this state without one person that can help him. We can't even talk with him. Does anyone have any suggestions? I am not prejudice, my neice is married to a black man and we love him and the kids. I am just saying she is black because if you remember he hates blacks and always has.

POA and Health Care Souragate

JLW1973fl — Tue, 10 Aug 2010 01:52:38 GMT

I have a question regarding my gradmother. She was just diagnosed with the beginings of Altzimers. She has an existing POA for many years now which has my Father having Power of Attorney but only on her bank account. About 6 years ago my Grandmother remarried and no one has POA on the joint accounts with her new husband. My concern is that her Husband leagaly would be responsible for her care however, he is 86 with parkinsons, legally blind, wheel chair bound with a colostmy and catheter. He physically can not care for her when her condition progresses, right now he is at home with day nurses 7 days a week and my Grandmother cares for him at night. Although he is not mentally incompetent he is so aginst nursing homes I am afraid if her condition worsens to the point most Altzimers cases do he will not make sound decisions for her. Is there anything I can do? If she signed any papers now such as a Health care Souragate or POA including me would it be contested because of her diagnosis? Does her husband even though not physically capable get all the say because he is the spouse?

Medicaid Eligible? Earning too much?

LisaG213 — Sat, 31 Jul 2010 17:09:54 GMT

My mother, 66, has been diagnosed with dementia. She currently receives monthly Social Security of $1578 ($1482 with Medicare deduction) which is too much for her to qualify for state Medicaid. This means she would always have to be a private-pay patient in assisted living. The amount she receives now is my father's benefit. Her own benefit amount is low enough to get Medicaid.

I've been told that it may be possible to switch from my father's to hers, but what will Medicaid do when I apply? What's the application process like? Will they look at what she's entitled to receive and deny her based on that? Anyone with any direct experience with this or advice on how to proceed?

thanks.

Lisa in North Carolina

Can Medicaid keep me from purchasing my parent's house?

FrankInMo — Thu, 15 Jul 2010 00:48:39 GMT

Let me set current situattion. We live in Missouri. Dad passed away 3 weeks ago. With his death, his pension stops - nearly 1/2 of income. I would like to purchase Mom and Dad's house at fair market value so that Mom receives funds to make up for the loss of Dad's pension (plenty of equity). A friend tells me that since Mom is now elligible for Medicaid, I cannot purchase their house. This does not sit well and thus seeking advice from informed folks.

Thanks in advance.

Conservatorship in Michigan

eugeniusjr — Mon, 05 Jul 2010 18:30:37 GMT

Hi,

Firstly, thank you to whomever answers this massive post.

Some background: My mom is generally a competent person (age 53), but she has been especially inept with her finances since my dad died four years ago. She and my younger adult brother, with whom she lives, bounce off of each other to make poor financial decisions. It's to the point now where she is behind on her mortgage, has asked her Church several times to pay one or another of her bills, regularly receives food from the food pantry, various utility services are regularly stopped for non-payment, and most of her paycheck is taken by a (voluntary) bill pay service to pay non-recurring, non-collateralized debts. She also receives a survivors benefit from the VA; most of that goes toward her mortgage, and now her collateralized debt and monthly bills.

Recently she agreed to enter a conservatorship agreement with me as the conservator. I have the lagal documents for my jurisdiciton here but I'm a little unclear about the process and how I should fill in the documents in a way the judge will accept them and grant the conservatorship.

In this document on line 5, I think the most appropriate box to check is b, but she has no physical infirmity and 53 doesn't seem old enough for "age" being a reason. Should I check a also, or should I check only one of the boxes a-d? If I check a, I'll have to make up something on the "other" line, or possibly check the mental deficiency box, but the mental deficiency box seems like a long shot (not to mention offensive :). I considered using the "other" line and writing "general incompetence."

In any case, if I choose box b only, should I fill in line 6, where it asks for support?

And if I choose only box a, and write in "general incompetence," how much of a story does the judge want? What facts would support the case to grant a conservatorship?

Thanks for your help.

Is this a HIPAA violation ?

PA50plus — Thu, 17 Jun 2010 17:22:29 GMT

I am 300 miles away from my mother's primary care physician, but I am on her HIPAA "list".

I called up to get a status as to her health and condition and the office responds they have no recent updates regarding any changes in her condition

4 weeks later, In conjunction with a separate legal matter, I receive a letter from an attorney that came from this physician indicating she is going into congestive heart failure and renal failure. The date of the letter pre-dated my phone call.

Can I file a HIPAA complaint against this physician who obviously violated my "right to know" ?

Follow-Up on Questionable Nursing Home DNR-MA

ScrptrJn316 — Thu, 01 Jul 2010 16:14:28 GMT

Hi all,

I had posted an earlier question on concerns about the validity of my grandmother's DNR order. The nursing home's handling of this issue has been very questionable. I've since found out that she does have vascular dementia (I'm not sure if the diagnosis came before or after the DNR order). She has extremely poor short-term memory, and literally forgot about signing the DNR only days after it was signed. A large portion of the time, she doesn't even remember her own family members or where the nursing home she resides in is. My mother has a signed medical proxy, but the nursing home still won't honor it. They say that her mental competancy was evaluated by a member of the NH staff and they found her competant. Is this a normal procedure for evaluating mental competancy? I know that in TX a hearing is involved.

Guardianship

Lisa Laurie — Tue, 29 Jun 2010 03:01:54 GMT

My brother has been awarded temporary Guardianship of my dad by the court. He has hired this family to live with my dad 24hours a day when he doesn't want or need it. My brother tried to put orders of protection against my sister and I preventing us from seeing dad when he has cancer but he dropped it when we supenead dad. I have filed an opposition and the court date in in two weeks. I found out that this is all because my brother had a will drawn up and dad didnt know what was in it. I took three witnesses and a notary to dad's house and got his permission to video tape him and asked if he was aware that it could be used in a court of law and he said yes. He signed a new Power of Attorney of his health over to my sister. The witnesses and notary gave permission to be videotaped however the caregiver intentionally sat behind dad during the video and would not give permission. Can the caregiver sue me if I send it in to the lawyers and Judge to use in court?

Transfer of H&W TBE to H&W to TIC for Medicaid Purposes

Paralegal9 — Fri, 18 Jun 2010 19:40:24 GMT

When transferring property from husband and wife, tenants by the entirety, to the same parties as tenants in common, is a straw party needed in between? This is for Medicaid purposes. For instance, would the H&W as TBE have to transfer to a straw party, then the straw party transfer to the H&W as TIC before they can then transfer their respective 1/2 interests to their respective Medicaid irrevocable trusts?

Spending Down for Medicaid

AnnL — Mon, 14 Jun 2010 16:55:21 GMT

Here's the situation--- There's about $6000 in bank, about $7000 already due for property taxes on the home and about $500 per month for utilities. Can the money "spent down" for medicaid eligibility purposes include the property taxes, or does it all really have to be spent on burial plots and funeral expenses? It seems to me that if you owe more than you have in the bank, problem of having too much cash doesn't exist. Am I right?

Need some advice before it's too late!

Allenbh86 — Thu, 16 Aug 2007 19:16:07 GMT

My name is Allen, and I just recently moved to Maryville, TN to help my elderly grandmother care for my brother after our mother passed 17 months ago. We live on 4 acres of land, with 6 apartments, a house, a two car commercial garage, and a mobile home. my brother's father, for the past two years and beyond has become heavily addicted to drugs, and has become a drain on everyone and a bad influence on my brother. He lives in the mobile home on the property, and steals everything he can to sell, as well as tried to get into everyone's business. My brother was taken away from him and given to my grandmother's care who is in her eighties. She has eviction papers but refuses to have him removed, and i just recently found out why. My grandmother herself is selling her prescription pills, as well as buying other people's and reselling, and i yet to find out whether or not she takes them herself. She also refuses to allow any of the money from the property to be returned to it, and takes payment from bad tenants in drugs. She also takes payment illegally from my uncle for the house she allows him to live in. My brother is not getting the proper care, nor would he from his father either. In addition, all purchases she made are from the apartment account and written off as tax deductable, no matter what it is. I am more than able to raise my brother and care for him, however am not financially stable, nor will enough control be given to me to discipline him (grounding, rules, etc. he currently does whatever he wishes). I'm afraid that the business my grandmother is in to, as well as the tax situation will catch up to her and everything here will be lost. As is, everything is set to be split between my brother, that is if there is anything left when that time comes. I failed to mention that he is 13, and i am 21. I love my grandmother but she refuses to listen to reason, and my brother is full aware of what all goes on. This is no environment for him, illegal, however i have no idea what I can do to put a stop to this yet still retain the property for me and him. With the income from the property I would be more than willing to take custody of him, but i can't do it financially on my own. Is there any advice from anyone, is there anything my brother and I can do?

Adult Protective Services

AnnL — Mon, 14 Jun 2010 13:43:19 GMT

I would like to know if Adult Protective Services has the authority to request a representative or fiduciary for their client's parents estate. The issue is that the property wasn't settled during probate, some 20 plus years ago. does that really mean that the only heir doesn't own the property since it didn't get put in his name, so the representative can do what they want to with it? We live in Oregon.

Nursing Home Patient Doesn't Remember DNR Order-Mass.

ScrptrJn316 — Wed, 26 May 2010 17:58:47 GMT

I'd appreciate any thoughts someone might have on this issue. I have a grandmother who is in a Massachusetts nursing home. She hasn't had a diagnosis of dementia that I'm aware of, but has extremely poor short-term memory and even forgets who some of her own family members are while she's talking to them. A physician's assistant on staff called my mom recently because grandma had (very uncharacteristically) requested a DNR order and told the PA that my mother should be aware of it. However, during a conversation with my mom a week later, my grandmother didn't even remember the DNR order and said she didn't want one in effect. As far as I know, it hasn't been rescinded. If she's found to be incapable of making her own medical decisions, would the DNR even be valid? Could my mother use a validly signed medical proxy to have the DNR done away with if she's determined to be incapable of making decisions?

Father died/no will

renmansmom — Mon, 24 May 2010 14:48:30 GMT

Hello, I have a question. My father passed away in November 2008 with no will. My father and my mother were together since 1976, however, did not get married until 1991. My parents bought the house that we live in back in 1986. My mother was still married to her first husband, however, using my father's last name, and even filing taxes with my father as married to him. My father's wishes were that his belonging including the house to have his portion come to me and my children, and my mother's portion divided between myself and her 2 adult children from her previous marriage. My mother changed the deed to the house (without paperwork) to her as the soul owner so then her children from her first marriage can get more of a portion of the house when she passes away. Is this legal? Is the contract to purchase the house in both of their names actually legal when they weren't even married yet and she was using my father's last name? I don't want to give my mother a hard time, she's elderly, who knows how long she has left, however, I want to respect my father's wishes.

my parents estate

bill64 — Sat, 08 May 2010 15:11:17 GMT

hello everyone, I am new to this site :) anyhow I live in massachusetts and this is what happend recently...

my father was taking care of my mom at home (she has dimencia). my father became ill and had to go to the hospitol so we put my mom in a nursing home (my mom's social workers pretty much required it as myself and my sisters work full time and could not care for my mom).

my father passed away recently, me and my younger sister most likely will be co-guardians and I will most likely be the conservitor. my father also dident have a will as far as we know... he mentioned getting one done about a year ago but we dont think he did.

I am interested in buying their home as it is where I grew up. how would that prosses work? I was told that sometimes a direct family member can buy it with a slight discount?? I dont know if that is true but it would be a help. or would it have to be auctioned to the highest bidder? the home was paid for. just looking for a heads up. thanks, bill

Who Decides About Care of Cat

SoftHearted — Sun, 02 May 2010 19:46:04 GMT

My best friend of 24 yrs, “S,” is now 92, mild Alzheimer’s, Assisted Living studio. Absentee daughter (x-country, visited once in 23 yrs) became conservator last yr. Jealous of me, tosses things I give her, incl. cat tree.

S. wanted cat. 1 pet allowed. I "loaned" S. my younger cat for as long as well cared for. Daughter (“D.”) OK’d this. The “loan” part is in writing to her. I signed as "Responsible Person" on cat form at facility. I’ve been getting food and litter, receipts to D. She pays eventually. D. now insisting cat have dry food only, for "sanitation." Staff now being paid to help with cat, so shouldn’t be a problem going fwd. I suspect D. wants to go the cheaper food route. But vet says dry food is very bad as steady diet for cats—causes continual dehydration and leads to premature kidney failure and early death. So I cannot agree to this. What power do I have to make decisions re: cat?

S. adores the cat, and enjoys feeding it, which she is very regular about. She herself knows the risks of dry food, and wants to continue feeding it canned food. She also wants her cat tree back. But she is not strong enough herself to stand up to her daughter on any matter. Cat and S. are very bonded, and I would hate to have S. lose her kitty, a great cat which on many days is her sole companion. S. is very healthy—Mother lived to 100. S’s conserv... attorney has not responded about this, despite request for advice. Thanks in advance for any ideas you all can offer me. Will be happy to answer any questions.

POA Abuse by brother

toolbox58 — Mon, 26 Apr 2010 12:14:43 GMT

I have an older brother and 2 parents in recovery at Assited living facilitys,and has denied my mother to see ANY doctor that might find her competent so she can someday return home from Care center,which she entered following my fathers Heart attack! He is now After my moms portion of her Social Security in a joint bank account under an Ex Parte Gaurdianship,till the 18th of May when he is taking us all into court to be made permanent Gaurdian/and/or Conservator..My mopther suffers only from COPD,and is very alert and talkative,and refuses to have my brother take her money from her account,She wants to spend it on whatever she wishes! She is filing a change of POA today,with a Notary Public at a bank.But we are afraid he will dismiss this as not worth the paper its written on due to his POA!! Can anyone help,we have limited resources for an attorney but I have had some legal counsel for free advice,to ASK the court for a Gaurdian Ad-Litem for them..This way,neither of the kids can control ALL of their life without review! thanks Rick

Medicaid Selling the family home

tk2 — Sun, 25 Apr 2010 06:07:31 GMT

My mother is in a nursing home and we are working to get her on Medicaid. In SC she doesn't have to sell the family home to qualify, so my brother and his young daughter are going to continue to live there. Here is my question: Right now the home is only worth about 50 thousand dollars and needs a lot of work. My brother wants to fix up the house. It is literally falling apart. He needs to replace HVAC, roof, kitchen etc.

When my mom dies, Medicaid will come after her estate for the value of the house. If that is 10 years from now and my brother has invested $20,000 and the house is now worth (let's say) $100,000. Will they ask for the whole 100,000 or only the value of the house when she became eligible for Medicaid?

health care power of attorney

boywithk9 — Wed, 21 Apr 2010 19:22:13 GMT

I am the health care power of attorney for my father, who has dementia. In the document, I'm the alternate agent; his wife, who is deceased, was the primary. I also have his financial POA.

Is it possible for me to alter his health care POA to make my sister the alternate? Or is that not a power available to me? Our father doesn't have capacity to make any changes.

Thanks

Access to Medical File at Nursing Home

Akieb — Tue, 20 Apr 2010 17:24:53 GMT

My father had to go the the emergency room last week. My mother has full POA and medical, durable POA (since my father is unable to communicate in any way for himself). Last Friday, my mother asked to see the nursing home file and they refused? Is this legal?

Poa Nursing home bills

Frankmc — Sat, 17 Apr 2010 07:01:37 GMT

I am my mothers poa. She was put in a nursing home then sent home and my brother took care of her. She ended up back in the nursing home. I keep asking if she will ever be able to come home. They say they don't have a crystal ball. I've been paying all the bills at her house and her car payment and insurance. I also paid 2000.00 that she owed in back taxes. She got approved for medical assistance. Now they tell me that I owe the nursing home 11000.00 because every penny she had coming in the last 6 months was suppose to go to the nursing home and medical assistance would cover the rest. they told me that me paying for her house and car was illegal and that I misspropriated her funds.They are kicking her out of the nursing home and they said they are taking me to court and will put a lein on my house. i did not spend a penny of her money on myself. Was paying her bills illegal? Am i responsible for the nursing home bill?