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Whomever is her POA needs to do this as a requirement of their “fiduciary duty”. If it is you and you didn’t, just contact the police asap and say you just became aware of the theft. A lot of police departments have a SAFE or community affairs officer that deal’s with things like this. The police report will be needed to ever have LTC Medicaid view the 50k as ok to be waived and not have a transfer penalty placed on her Medicaid application (cause Medicaid might could view the $ as gifted to a person). She has to be willing to sign off on the police report.
Joann's spot on that AL have totally different requirements as to how a discharge can be legally done. AL can discharge a resident for inability to pay and place them in a shelter if the AL wants to. Now that bad bad public relations optics for a facility so they won’t do that but instead more likely will find a reason to contact EMS as mom has presented something of concern (like a TIA as they are real subjective) and needs to go to the ED/ER to be evaluated; then once in the ED the AL will refuse to take her back; mom then becomes the problem of the discharge RN at the hospital; they will do whatever to get you, your siblings, a family friend, etc, to come and take her into their home and she is no longer a problem for the hospital. If your mom is in an AL and stops paying her bill and your state’s Medicaid does not pay for AL & this AL does not participate in the Medicaid program, they do not have to let her stay there.
Now if she’s in a NH, as almost all NH participate in Medicare, they have to have them do a “safe transfer” which Medicare requires. Which means they move to another NH or get sent to the hospital via EMS to the ED / ER. And again, the old NH may not take them back once they are ready to get discharged from the ED/ER, or from a 2 day “observation” or actual hospitalization. If a NH wants get rid of a resident, they can find a legit way to do this.
I’ve got to ask, just how was she scammed out of 50k?
You should have started the application a few months ago.
Was a police report filed for the 50k? If not, that needs to be done or they will have a hard time believing it was a scam.
I would be telling whomever is telling you that mom has to be gone that she doesn't have any place to go.
Does the AL except Medicaid? In NJ if you have private paid for at least 2 years and the AL has medicaid beds, Medicaid will pay.
Yes, you waited too long. Its going to be hard to find a placement with Medicaid pending. How long ago was the scam? If over 5 years it won't be counted. Like said, hopefully u contacted the police.
So, you options right now is pay for Moms AL or bring her to your home till you can get Medicaid applied for. Its at least a 3 month process. You apply, prove that Mom has spent down her assets, provide paperwork needed, and get her placed. Not sure if you get everything needed before 90days, thats the limit, you can get Mom placed earlier with Medicaid paying. You need to talk to a Medicaid caseworker.
I'm so sorry to learn that your mother was financially abused like this.
This might help, but I'd search for more specific information on addressing scams on income tax returns. This may help in finding care for her.
While that is happening, please report the "scam" to the local police as well as banks or financial institutions involved. All these authorities should be able to advise you on what to do about the "scam."
If there is a police report to show she filed on the person or made an attempt to get the funds back, there may be enough proof to show it was a real scammer unknown to her.
You probably need the help of an elder attorney. This isn't something new. People get scammed every day. An atty will know the ins and outs.