My aunt had a stroke went to nursing home in April with no Medicaid. They went in her bank account in July and took all her money. I am her POA.

I'm sorry for your loss!!

Your aunt probably had what is referred to as an Implied In Fact contract.

This contract can be unwritten with an understanding between the facility and resident.

My late mom had such a contract.

This was done in July. Were you informed in July this happened? Was your POA in effect? If so then the paperwork should have been filed at the nursing home since you were acting in her best interest and all correspondence should have been sent directly to you.

If the patient was competent and POA not in effect there is no argument that the withdrawal occured. If POA was in effect how much contact did you have with administrative office at the facility? I am POA for my uncle and it is a lot of work and you need contact communication with Social Worker and administration to keep on top of issues.

Sorry this is occurring.

I’m sorry for your loss. The nursing home accessed your aunt’s money with her permission to pay for her very expensive care. My family was surprised to learn what passes for a signature and legal permission when my mother was post stroke with no physical abilities. It’s not the nursing home’s fault as they must be paid. I hope you can make peace with a minimal funeral or simple remembrance and burial. It’s something many of us want when our time comes. I wish you peace

Yes, it is. If she understood then she could authorize withdrawal as long as the bank was cooperative with the nursing home. I would make an appointment with the bank manager to explore this; one problem I can see is that your POA died the moment she did. Only an executor or administrator of her estate can act now in behalf of the estate, and really she died indigent and without an estate, so there is that.

Can you tell me how you chose to act on her death in order to give her a decent burial or cremation? Did you have yourself to pay for this?

I am very sorry this happened to you and your aunt. My condolences, also, on her loss.