Can the NH legally put my spouse's SS check in their bank account?

You could try to get rep payee back, but then you could have to pay towards the nursing home costs pretty significantly. They allow more than the pittance they give the person in care for the "community spouse" but it is basically your income minus home upkeep and no real provision for any medical co-pays you might have to make for yourself. Area Agency on Aging staff or maybe even Medicaid staff could explain, or you might want an eldercare attorney consult or estate planner to help you look into it and make sure you are getting the best deal you can.

No I am 75. And i am his POA and payee on his ss..he has no children and no he earned less than me

Medicaid has specific rules in your state and yes, if they are footing the bill for his nursing home. If you are over 66 yrs. you could be collecting half of his social security if he earned more than you and there are no other children collecting from his benefits.

Did your husband sign something to make the NH his representative payee for SS? I can't think of another way that they might have diverted his check. Call SS and Medicaid today.

My understanding of Medicaid is that, as a community spouse, you are entitled to enough income to live on. Please talk to your Medicaid representative. I think that it might be wise to check with your local Legal Aid to get more information.

If someone in a nursing home/skilled nursing facility/dementia unit is on Medicaid then it is standard practice for the facility to receive the Social Security check. A certain amount is allowed for personal expenses (typically under $120 per month) with the remainder going to the facility. Medicaid pays less than private insurance or a private pay client would so the facility receives the SS check. If they did not then many facilities might choose to not accept Medicaid residents.

Yes
If he's there for ever if you can get him home with home care and nursing aid or day care no then you get it and Medicaid pays nurses you then can pay his car and your rentt go talk to welfair worker and lawer fast and bring a friend with you as its got to be upsetting and you may need a clear head to remember what is said