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B
bseldridge Asked October 2013

Why does social worker at nursing home keep trying to convince me I can't get guardianship?

I should be able to seek this without her input. I have some concern that my mother will try to go home even though she is completely unable to physically take care of herself. And in my opinion has some mental short coming after this stroke she suffered. But the social worker just seems to avoid my request for letters from treating doctors as to my mother's mental capacity. Why would it matter to her if I want to know this and or I try to get guardianship, I already have medical and financial POA, and I have been named in her will to get everything. The thing is my mother has nothing to leave upon death but her homestead and Medicaid will take the homestead when she dies. So, it should be clear that I don't have anything to gain of value, I only want to ensure that she is not allowed to go home when she is not able to take care of herself. The social worker also keeps telling me that I can't enforce the POA's unless mother is can't make decisions, the social worker states she can based on BIMS scores which I feel is not a true test of her mental capacity. I feel like they are concerned I will find out something that differs from their assessments.

EXPERT Carol Bradley Bursack, CDSGF Oct 2013
I agree, as usual with the awesome Jeannegibbs. If the social worker is not also an attorney she shouldn't be advising you on this. You can get an elder law attorney for that. However, as Jeanne said, a good step is to contact the ombudsman for the home. This person is your mother's and your representative. You find him or her through your state website or by going on the site at www.ltcombudsman.org. Type in the Zip code of the nursing home because that's this person's jurisdiction. You'll get good advice from this source.
Take care of yourself,
Carol

jeannegibbs Oct 2013
Ask to see this social worker's law degree. She should not be advising you on what legal steps you can take.

Put your requests in writing. If you do not get a satisfactory response within a reasonable amount of time, contact your state's ombudsman for long-term care facilities.

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