Memory care for my mom at 96 told me they are awarding my mom to the state because I am behind. Can they do that?
Can the state take your mom if you can’t pay for the memory care? I was going to just go get her but she just got on hospice. Can I elect to pick her up regardless if I owe right now?
Yes they can. What a facility can do is contact either APS or the court (usually it’s probate court as they hear guardianships) as to seeking an emergency ward of the state placement with temporary guardianship appointed. It can be done within just a few days. It’s serious stuff.
Usually it’s a last step measure that is proceeded by sending the POA or family contact a written “30 Day Notice”. Perhaps even 2 “30 Day Notices”. The 30 Day usually states an amount required to be paid by a set date or if not paid then facility can file for ward of state status for a resident in their care.
Once “ward” happens you cannot move your mom out of the NH. The court appointed guardian is totally in charge of everything “mom” from now on. They can move her to another place without notifying you.. they can restrict your seeing her as well.
Is your mom private pay? Usually there’s a contract with a autopay happening in order to enter as private pay. What has happened to cause payment problems? Or Medicaid? If it’s Medicaid or Medicaid Pending, has your mom been paying her required by Medicaid copay or SOC / share of cost of all her monthly income (less the personal needs allowance) to the facility? If not, see if paying all that SOC to date will hold off on their filing a ward action. Or has there been issues with her Medicaid application?
is your mom self pay at memory care facility ? how far behind are the payments? i don't know if facility can do that, but they cant keep her for free (?)
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Usually it’s a last step measure that is proceeded by sending the POA or family contact a written “30 Day Notice”. Perhaps even 2 “30 Day Notices”. The 30 Day usually states an amount required to be paid by a set date or if not paid then facility can file for ward of state status for a resident in their care.
Once “ward” happens you cannot move your mom out of the NH. The court appointed guardian is totally in charge of everything “mom” from now on. They can move her to another place without notifying you.. they can restrict your seeing her as well.
Is your mom private pay? Usually there’s a contract with a autopay happening in order to enter as private pay. What has happened to cause payment problems?
Or Medicaid?
If it’s Medicaid or Medicaid Pending, has your mom been paying her required by Medicaid copay or SOC / share of cost of all her monthly income (less the personal needs allowance) to the facility? If not, see if paying all that SOC to date will hold off on their filing a ward action. Or has there been issues with her Medicaid application?
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i don't know if facility can do that, but they cant keep her for free (?)
is she out of funds?