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I sent my mom to the hospital and she then wound up in the nursing home for therapy but wants to come home..my sister and I have medical POA and have told the nursing home of our wishes for our mother to come home as we were arranging 24/7 around the clock care for her via a care agency. The state and NH administrator refused to let her come home claiming she had been neglected at home. Bruises on her arms, a UTI and a retracted knee and a skin tear she was healing from. The accusations ceased, but they still will not let her come home claiming I exploited her funds by preventing the NH from getting paid for her stay there, when I paid my mom's bills from her account, which I've been doing for over 5 years. But I wouldn't have been preventing the home from being paid had they sent her home when my sister, my Mom and I requested. The state and the NH has clearly dismissed the POA and the authority it gives us and still do. Are they not breaking the law? Every time I bring up my mom coming home the administrator just tells me no and claims she was not taken care of properly and my mother argues with her as well as my sisiter. They both know full and well that I cared very well for her. My own mother, at 94, is still all there enough to know that I did not neglect her and her own friends and family saw how I cared for her as well. My mother tells the administartor what a liar she is, and in reality she is. The state and the NH are completely dismissing the POA which one of the options I have is to decide WHERE my mom is cared for, at home, nursing home, hospital, etc. The NH and the state are both dismissing the authority my sister and I have regarding the POA and they are holding my mother there against her will. And against mine and my sister's will. In fact they signed my mom over to the state as her guardian with the knowledge that my sister and I had medical POA for years already..are they not breaking the law?

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I thought that a guardianship was a public court record. If it is in your state, you should be able to search your local court records and find out if a guardianship was filed and granted and exactly who the guardian is.
In any event I would also find a certified eldercare lawyer for assistance.
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Reply to OldSailor
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Robert, a post of yours from two years ago... Do you really leave your mom alone for a few hours?

my mother is 91 broke her leg and was in rehab for a while and is now home continuing rehab..she is in a wheelchair and yes i leave her alone for a few hours or more as she sleeps at night..i pay a woman(retired nurse in the same complex) to be on call and my mom calls her when she has to be 'changed..apart from that she's a healthy individual and stays in her chair when awake,watching the game shows,etc..no fire is suddenly going to break outand she's not going to attempt to suddenly start walking on her own...i say yes,in most cases it's okay to leave for a few hours,if the person is not likely to do something they should not.

https://www.agingcare.com/questions/rehabilitation-refuse-mom-go-home-161257.htm?orderby=oldest&page=2
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Reply to gladimhere
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The state has been awarded guardianship by the court, I imagine, through an emergency proceeding. What happened that placed mom in the hospital originally? You sent mom to hospital? Did you go with her? You stopped paying for her care? How were those funds spent? Something is missing in this story. Guardianship is not awarded to the state by the court easily. There would have been an investigation and there must have been problems found.

Guardianship supersedes POA. You will need to contact the ombudsman for the NH that mom is in. Call the Area Agency on Aging. And you will most likely need an elder law attorney to help sort through everything.
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Reply to gladimhere
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Skin tears are common in the elderly. All they have to do is bump against something.

The state just doesn't step in. You could call your state Ombudsman to investigate. If the State is guardian, then POAs are null and void. I think at this stage you need a lawyer. Guardians are usually not chosen for people who are competent. To get guardianship a Judge has to sign off. I would think you would have been made aware of the court date so you could contest.
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Reply to JoAnn29
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There are very few places that will provide 24/7 nursing care, can your mom afford to pay for it? It seems to me there has been miscommunication all the way and that perhaps your understanding and expectations of how the system works are not the best. Rather than attempting to engage in a fight about whether or not the State has the authority to assume guardianship you might be better off focusing on how to get the best care for your mother and how to pay for it. I still recommend an elder law attorney.
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Reply to cwillie
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i was never charged..the accusations were from as far a back as a year ago.. the accusations ceased but then they accused me of exploiting her funds the second month she was there,,this was at a time my sister and i were told by the state that she was coming home after a month of therapy..the state and the NH lied to my sister and i for two months leading us to believe she was coming home..I'd been paying my mom's bills for years with her permission so i did while she was in the NH as well ..i paid her bills..it was 3 days later they began harassing me about taking money from her account as it prevented the NH from getting paid..Since my sister and i thought she was coming home,we assumed medicare was still paying for her stay.nobody had informed us otherwise until the harassment about exploitation began..the state and the NH knew we had POA and without our knowledge took control of her account and her .the state never charged me with abuse or neglect as there of course is no proof cause it didn't occur.. my mom fell out bed 2 or 3 times while she was there the first month ..,acquired skin tears and all the problems she had at home, that they had been blaming me directly for..the exploitation thing never went to court cause there;s no way they can blame me for the NH not being paid ,when i was led to believe my mom was coming home before medicare's payments ended..ie, my sister and i were decieved from day one that she was coming home after therapy. but thay had intended from day one to keep her there..my sister and i displayed the POA that had been written up many years before but it was dismissed by both the NH and the state.. My sister and i feel like the law was broken by both by the NH and the stateand that we maybe have a good case against them..we want my mom home..but of course with 24-7 around the clock nursing care.
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Reply to robertray
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“..But i wouldn't have been preventing the home from being paid had they sent her home when my sister ,my Mom and i requested”

So it sounds like you have control of your mother’s bank accounts and perhaps refused to pay the NH until they promised to release her?

What led to your mother being admitted to the NH for therapy ? Normally the person has had an episode of hospitalization prior to nursing home transfer. These details may help us understand how you got here.

Sometimes the person in rehab may verbalize they want to go home when in fact they are not physically ready to leave. Is therapy helping her achieve her goals?

Once APS is involved the situation is more complicated as APS needs to investigate to assure the Senior will be safe on discharge.

In the meantime encourage your mother to do her exercises and get stronger but reconsider taking her out AMA (Against medical advice). I would get a lawyer to help guide you through this as well.
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Reply to Shane1124
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You mention the State - this is the important part. If you were accused of neglect and investigated by APS they could seek an emergency guardianship, thereby removing you and sister. If you want to fight this then I think you need to get all the facts straight, then you need a lawyer.
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