I have POA for my mom. The state took me to court and got Guardianship. How is that possible?

Did you visit Mom a lot? My three sisters and I were in NH at least once a week each. The staff knew us and liked us. (They got us mixed up sometimes. We gave them a picture of the 4 of us with names on it!) So I can't imagine that they wouldn't bring this kind of problem up with us directly. "We are supposed to be getting you mother's SS checks and they aren't coming here. Do you know why? Could you look into it?" I just can't imagine them not coming to us directly. So my first puzzle is why you were not brought into this much sooner.

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?

The OP's mother was $14,000 in arrears... so that's what, three months? Four months?

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?

Harris, what is going on now? We'd love to hear more. We learn from each other.

Was there not a statement from the Nursing Home being mailed to SOMEONE showing amounts being paid or not and a building amount due?

Did you have an Elder Law Attorney represent you in Court? I assume you went to the Court hearing regarding the guardianship. What did the Court tell 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.

You definitely need to see a lawyer. In some states, the person over whom the petitioner seeks guardianship is required to be represented, even if she cannot afford a lawyer. As for the SSA, I assume you are her rep payee, so if the nursing home had a problem with getting paid, they should have reached out to you as her rep payee. No need to seek guardianship to deal with SSA on behalf of a disabled or elderly person. What did the petitioner list for reasons they sought guardianship? Did you get a chance to speak at the hearing and object on her behalf as her agent under a DPOA?

... Most likely she meant the notification of hearing came within days of the hearing, i.e: "Not enough time to a lawyer" ... If that's what occurred she would not be the first to enter the courts without representation because of that very reason. Defendants usually do not know that the very second you receive notice of hearing no matter what the hearing may be about, an "extension can be asked of the courts based on insufficient time to seek counsel/representation. Often times states offer short notice to leave the defendant illprepated, therefore the defendant looses the case/hearing (what ever it may be) simply because they did not have representation and things went wrong in court because of that fact. I suggest the poster set an appeal in motion and seek representation. If the charges or decisions made within the hearing fall within a /or could be viewed as risk of a criminal offense, the posters state must assign an attorney if the poster cannot afford one. If the hearing fell within a civil matter, then I suggest an appeal be filed by poster and poster dig deep into the issue at hand educating themselves in what is going on while also advising with respresentation. 

.... no appropriate judge would ever allow this to go down without proof of physical or mental neglect. I am sitting here telling you that either you are not telling the whole story or what has happened to you and your mother is criminal. No way can a facility get guardianship over another humanbeing this quick, this easy..... unless, as I've said there's more to your story or/ what the facility and judge have done is a criminal offense.

You still have time to check with an Elder Care Attorney or other qualified consultant. QUICKLY make an appointment and take all of your related documents with you. All Jurisdictions allow APPEALS of Court Decisions, within a certain period of time (the amount of time varies depending on your Jurisdiction). Sorry for your frustrating situation. Best of luck!!

...exactly, court processes are to give proper and sufficient notices (usually 30 days at the least 15) . .. also you are allowed the right of representation regardless the issue and the right to appeal any decisions made. But strict time lines are attached to windows of appeal.