I'm so confused by the director of the nursing home my mother is residing at. He just told me my POA papers dont mean sh** and hung up on me.

"disgustedtoo" and "JoAnn29,"

Thank you for the great information you provided!

Wow. If the director of a facility is that rude, imagine how the facility must be run.

I do not see the love for people. SMH

Would not want my loved one at that facility.

I would've probably told that jerk that his title doesn't mean sh** either!

Read details here:

https://www.washingtonpost.com/business/2020/06/22/no-nursing-home-cannot-take-your-stimulus-payment/

Quick summary of what I've read:

**The IRS issued an advisory last week**** to clarify that the economic impact payments distributed as part of the latest stimulus package belong to recipients, not a nursing home or assisted-living facility.
**** article dated JUNE 22, 2020, so he CAN'T feign ignorance - this WASN'T issued last week!!!

**The IRS and other federal agencies have reported hearing situations where nursing homes and other elderly care organizations have seized the payments, arguing that because the residents are receiving Medicaid, the facilities are entitled to the money.

**“The IRS issued this reminder ... that
“These payments do not count as a resource for purposes of determining eligibility for Medicaid and other federal programs for a period of 12 months from receipt.
They also do not count as income in determining eligibility for these programs.”

**The Federal Trade Commission (FTC) also put out an advisory.

"...the stimulus payment is an advanced tax credit, and as such, it is not considered income, which is why it’s not taxed. As a result, for the purpose of qualifying for federal benefits, such as Medicaid, the stimulus payment is not counted as a resource..."

The article suggests contacting your state AG, if they took the funds and refuse to return them.

That blowhard at the facility needs a reality slap. I would contact the place and go up the food chain. If that gets you the same answer, contact the state AG - let them get up their butts and do a scope - they may find even more "issues" and make some trouble for them!!

Geeez, lovely personality, huh? That is crazy to speak to you in that way. So sorry that happened to you.

Is your mom inquiring about the money? How did you happen to speak to the DON about it?

JoAnn.
So cool, all that excellent information!
That answers it! 🍎

The Personal needs acct is for Mom. (Some states may call it a trust) Its money kept out for her personal needs. That can be toiletries, food from a vending machine clothes ect. If her stimulus check went into that acct, it can not be touched by the NH. Its Moms money but needs to be used within a year or can effect Medicaid. They oversee the acct and you should receive a statement periodically. They need her or your written signature to use that money and it can't be used for her care. That check can be given as a gift. Otherwise, it needs to be spent on her.

Here is how the PNA acct works
https://www.cga.ct.gov/PS99/rpt%5Colr%5Chtm/99-R-0025.htm

Here is what the IRS says about Stimulus checks and Nursing homes
https://www.irs.gov/newsroom/irs-alert-economic-impact-payments-belong-to-recipient-not-nursing-homes-or-care-facilities

Your POA does mean s***. Your Mom's representative. Maybe a letter from a lawyer will confirm it.

Here is how u can spend it

Are There Restrictions on How I Can Spend the Stimulus Money?

In general, a resident can spend the stimulus money as they wish, including gifts and charitable 
contributions. This is the resident’s money to spend on their wants and needs.

Here is the site I found it.

https://www.google.com/url?sa=t&source=web&rct=j&url=https://ncler.acl.gov/getattachment/Resources/Nursing-Home-Residents-and-Stimulus-Checks-(1).pdf.aspx%3Flang%3Den-US&ved=2ahUKEwiM46mxzIDsAhU_lHIEHc-HDaMQFjAAegQIAhAB&usg=AOvVaw2oRhhdl0rbH0uJdTv3Jia2

The director wasn’t correct. The facility needs to keep its hands off the stimulus check and if the OPs mother wants her to take out that money, that is her mother’s right and the POA absolutely means something if it’s activated and gives her permission to handle finances.

I’m not sure about that but even if the nursing home is trustee, the OPs mother can access her money whenever she wants OR have her POA do it.

Minus the profanity but the Director told you correct.

Thanks Cali. I am assuming OP is not Trustee on this account, but rather that the Nursing Home is?

The trust the OP is talking about is the trust at the nursing home, aka the account where OPs mother’s personal needs allowance goes every month. Sometimes called a resident trust.

I believe that the stimulus check was protected from seizure by the care facilities. I would get in touch with the trustee of the trust and ask them to protect your mom's interests in this issue. It is possible that the director is confused on this point. I think many people thought the stimulus for people on Medicaid would be absorbed by the facility as any other unexpected income would have been. But the CARES Act addressed this specifically. She gets to keep the money.

POA means nothing on a trust, so about that he is correct. Why he feels the need to use profanities to you is very sad. Trusts are managed by Trustees. When my brother fell ill and wanted me to manage his monies he made me both POA for Medical and Financial and Trustee of his Trust. I am assuming that the funds were deposited by the federal government into your Mom's Trust. If the money for the Nursing home flows out of this trust then it will be paid to the Nursing Home for your Mom's care. Her money is in her hands as long as she is managing her own money. It is in the hands of whomever is appointed to handle it when she is unable. If your Mom is receiving any kind of Federal/State aid in terms of Medicaid and so on, that takes what money comes to her out of her hands in one sense, if you see what I mean? I am assuming the Trust automatically pays your Mom's bills? Is that correct.