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When my Mom entered her LTC I was asked to sign something saying it was OK for the office to receive her mail. I agreed because it could be Medicaid and they needed that info. I had all her other mail, even cards, directed to my house. I was close enough to take the cards to her. Then all the home received was Medicaid info addressed to Mom at the home.

Saying that, I would like to know how the NH was able to cash her check without Moms signature. I would ask the state if it was possible to get the back and front of the check. That you as POA did not endorse the check and Mom didn't either as far as she remembers. If found that the signature is fraudulent, then I would take it to the Administrator.

If you signed nothing saying the NH is allowed to open mail, then they were wrong in doing so unless a written policy. Your Mom is a resident not a prisoner. When you get all the info together, take it to the Post Master at the PO that deliveries that facilities mail.

Come back and tell us what happens.
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anonymous891745 Aug 2019
Thanks JoAnn. Will post when i find out more. I asked the Unclaimed property dept if there is a way to see the back of the check but she has to go and find out, it has not come up before. No return calls or emails from the NH. I wrote to both the "money" person and the Administrator. I am seeing my cousin this weekend and will ask her if she signed off on the mail at any point. She is good mentally and i think she would find it weird. I know as POA i never authorized them to open anything! My cousin asked everyone and looked for this check for nearly two weeks and the "money" lady knew she took it because the outsourced billing center told me the check was processed thru her! Unnecessary stress!
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I don’t know how they took the check, but when my mom was placed in the nursing home this past January we had to grant/deny permission in writing for them to help her with any mail. We told them she could it open it herself, but she doesn’t get anything mailed to her.
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Agree with both posters.    It's illegal to open someone else's mail.   And I'm sure it's illegal to cash a check made out to someone else unless the account is held jointly or a POA or DPOA is in place authorizing that entity to cash checks.   

I'm really find this to be quite an arrogant act.
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I would say that according to federal law, opening someone else’s mail is a felony offense and punishable by jail time. I don’t think it matters who opens it or whose mail it is. And, taking a check and signing it is fraud, also illegal. I can’t imagine anyone, even a POA giving permission to do either of these. Handling financial affairs is the POA’s responsibility.
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Is there a guardian or a POA? There are times they are given checks that come in the mail as a safety procedure. And then those could be signed over as payment for that month. IF the person WAS on medicaid there may be the mistaken belief that they still are and there may be some safeguarding that the person not get a check that will ruin ability to receive medicaid. I honestly don't have a clue, but will be so interested to see what they say, as that check would have had to be signed by SOMEONE and the facility doesn't have the power to do that that I can imagine.DO update us when you find out.
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anonymous891745 Aug 2019
Thanks for all the responses. AlvaDeer, and everyone. I am her POA. She is good shape mentally and I consult with her on everything. Her failing health (cant walk, kidney failure) put her in nursing home. She was on Medicaid then we sold the house and now are private pay. No one from the facility is calling/emailing me back. Billing is outsourced and the outsource company informed me of who processed the payment and it is the same woman my cousin went to and asked about her mail and the check. She told her it was not there....(because it had already been taken and paid toward her bill but they let her think it was not delivered.) I pay the invoice every month. nothing was overdue. I am trying to find out how the back of the check was endorsed and left a message with the state unclaimed property dept ---we may never see the back of the check but I am going to try. thank you all and if I get an answer I will post.
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