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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

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Welcome to the forum Steve.
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.
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If the PoA is not acting in the LO's best interests then maybe contact social services for her county to see about emergency guardianship. Do you know for a fact that that person is actually her PoA? I've read many cases on this forum where family members claim to be the PoA without actually presenting any paperwork... an attorney can be hired to force this person to show the paperwork, but if they are actually the PoA... then may consult the elder law attorney about possible next steps. I don't know if the county will be willing to wrestle authority away from someone who is actually the PoA.
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Confer with an Elder Law Attorney ASAP.
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Its not so much the NH wants the documents, Medicaid wants them when you file. I think your problem is too complicated for the NH to handle. Medicaid requires documentation to them in a timely manner. I would not trust a NH clerk to do that. And I as a clerk would not work with someone who cannot get me the info I needed to do my job.

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.
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This isn’t a DIY project. I’m not sure if this would be better suited to get an elder law attorney for her or just contact APS and let them take over her situation as it’s going to be complicated and cross State lines. Lots of red flags……

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.
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The nursing home is likely trying to get rid of her because they fear (with good reason) that they are not going to be paid. That is why they dumped her to the hospital. This is a case for APS now. There is not really much for you to do, other than contacting APS, but likely the hospital will do that anyway. Meet with the hospital social worker to see how they are proceeding.
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igloo572 Sep 2023
THIS!! Exactly! & by the OPs post it seems there was a first round of sending the mom from the NH off to a hospital, which didn’t “take”. So either hospital #1 turned her away or did a super short observation and sent her back. LOL. Then the NH attempted it again but at a different hospital. NH lucked out at hospital #2 as they kept her long enough for the NH to be able to say they cannot take her back for whatever semi legit enough reason they came up with.

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.
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Is ur Mom in any way considered incompetent. If not, its just a matter of assigning a new POA. The new POA will say the previous one is revoked. If Mom is competent, she can call her bank and get the financials.
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I have to wonder why your mother made nephew in another state POA and not you. I would step back and let mom, nephew and hospital handle this since you have no authority to do anything.
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Ask case manager to get involved. If the POA is not doing a good job, the case manager could petition the court to appoint a guardian ad litem to step in as POA for remainder of your mom's life.
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This post is from August and OP never responded but did say TU on discussions Sept 7. Again, Sept 11 asks a similar question. Has not returned to the forum. I would hope the problem ha s been solved since Medicaid only gives 90 days from Date of application to get info needed to them. So hope OP saw a lawyer.
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