I have POA for my mom, have had since 2008. The state took me to court and got gaurdianship of her. How is that possible? Shes in a nursing home. I dont understand how this legally can happen. I have taken care of my mother and made sure the nursing home was paid. Up until just now, they let my mom get 14,000 behind without notifiying me. Said they dont know where her SSI is going. When it has been going to them directly for the past 4 almost 5 yrs. Any info would be GREATLY appreciated.
It is hard to believe this could happen if you had been visiting though I suppose many people in nursing homes don't have visitors for long stretches.
Now though, because I am scared by these stories of NH taking on guardianships in order to drain assets, you need to find out why those SS checks did not make it to the NH.
Please look into it. It's your duty as guardian.
Of course anything is legal when mistakes happen. Innocent people are thrown in jail every day due to someone making a mistake on a form or not having time to follow proper procedure. It is your turn to step up to the plate. This is part of being POA. Spend some bucks on a lawyer to sort it out. As POA, your Mom's finances should pay for it. If she doesn't have enough assets, chances are no one is trying to do anything illegal, at least that is my hope.
But in any case, the court has appointed a guardian, the mother's residence is secure and the OP is relieved of all responsibilities for finance. Is there actually a problem? Isn't it a good idea to let someone else do the admin, if all that's required is the correct direction of a social security benefit?
I imagine that there is a process to appeal the court's decision. The next time around you'd have all the documents and whatever you need, with an elder law attorney.
But before you go to that expense and stress, what is it that will be different for you or for your mother with the state taking guardianship? Why is this such a terrible thing? You are not being restricted from visiting, are you?
Doesn't make sense that no one knew where the Social Security check was going. It's identified by Social Security number and the forwarding to the bank would be noted, unless for some strange reason your Mom was taken off of SS by mistake.