So elder (mom) has was placed in a SNF and will transition to a LTC at the same facility which I assume is a good thing and will make things easier. However, we were never able to obtain POA and now the NH is asking us to sign all this paperwork on her behalf since she basically does not know what is going on. We have started a Medicaid application and gotten as much of the paperwork together as we possibly can, but in the end, we do not want to be held responsible for any of her fees, etc. We have been in contact with an attorney but since she is busy with court dates right now, things are not moving fast enough for us. Any advice on how we should proceed?
Who has been paying the nursing home so far while your mother has been there?
If you or someone in your family is endorsing checks and there isn't a POA in place or their name isn't also on the account that's forgery and fraud. Stop doing that right away.
Sign nothing for the nursing home. Explain this to them that you cannot sign any paperwork for her until there is a POA/conservatorship in place. Then go to the probate court in the city/town your mother is living in. They will give you forms to fill out so you can petition to be appointed her POA or conservator. I'd go with conservatorship because it's higher than POA and cannot be questioned.
DO NOT sign anything for the nursing home that you do not read over thoroughly. DO NOT give them her Social Security number or any banking information. The probate court will expediate your application because she's already in the facility.
You do not need a lawyer to apply her for Medicaid. The nursing home will do her application. Nursing homes, LTC, memory care, etc... start the Medicaid application for a person the minute they're admitted to the facility. They don't tell the family about it because they make sure every cent a person ever had is handed over first.
There's an old saying about not being able to get blood from a stone. It's not from lack of trying when a nursing home is involved.
Also, you nor any member of your family is financially responsible to pay from your own pockets for her care.
The nursing home will very likely try pulling a shakedown on you and your family if they haven't already, so they can get more money. You don't owe them anything.
Go to the probate court and do your POA/conservatorship petition. In the meantime, whoever has access to mom's bank accounts should be paying for everything nursing home associated with a cashier's check from the bank. Don't give them her banking information. Insist that they give you a written bill every month for her services. Look it over carefully, then pay it using a cashier's check.
Tell that attorney this is an emergency and you need legal advice. Call a different ELDER LAW attorney.
Excellent point, gladimhere. It's good that you mentioned it.