Hello,Mom with dementia has been declared unable to sign anything. No POA. Medicaid is still pending but close I believe. I am helping from long distance.
Her NH has sent bills and is looking for payment. They want to get the NAMI payment from her pensions which I though would happen when she gets on Medicaid. She has less than the NY limit in her checking and savings account.
Her pensions are in Fidelity and Vanguard. The NH wants permission to access to her bank account. This seems shaky as they need to access her pension accounts, not her bank account?
I have not given permission and the document they sent wants me to be responsible for her bill.
Should I wait for Medicaid to start? Do they need to access her bank account?
Thanks.
Here is the AI answer:
It is generally legal for nursing homes to manage resident funds, but they cannot legally seize assets or force residents to give them control over personal bank accounts. Residents have the right to manage their own financial affairs, and any facility management of funds requires explicit, written authorization and separate, secured accounts.
Key points regarding nursing home access to accounts:
Voluntary Trust Funds: Nursing homes must offer, but cannot force, a resident to deposit money into a resident trust fund.
Authorization Needed: The home cannot access a resident’s personal bank account without express written permission.
Separation of Funds: The facility must keep resident funds separate from the home’s operating funds.
Accountability: Nursing homes must provide regular statements and a full accounting of all transactions.
Prohibited Third-Party Guarantees: Nursing homes cannot force family members to be personally responsible for costs or sign away access to their own money to secure a resident’s admission.
(Consumerfinance.gov)
If a resident cannot manage their own finances, this responsibility should fall to a legal representative, such as a Power of Attorney (POA), not the nursing home facility itself. If financial abuse is suspected, contact the long-term care ombudsman or the Federal Trade Commission.
This also answers your question about being held responsible for moms bills and rent.
Medicaid normally pays them in arrears. Don't let them strong arm you.