Idk this is appropriate forum. My MIL is 93 yrs old and in a nursing home. She would not consent to POA under any circumstances prior to NH admission. She has NPD and very borderline. My husband spoke with a. Elder Care attorney which just made things more confusing. He said the NH can become the legal guardian but it also is a conflict of interest. My MIL has a condo that's paid off and receives social security and retirement funds and also has money invested. How does the nursing home get paid? We were told her stay is covered for the first 120 days but what happens after that? Since there's nothing legal we can't liquidate her assets. Thanks.
If your MIL has no assets she will need to apply for Medicaid. Her SS and any pension she receives will need to be used to offset her care. Medicaid will pay their share. Your husband does not have to chose that NH. He can place her anywhere there is a Medicaid bed available.
I would NOT allow the nursing home to become her guardian, it's like having the fox guard the hen house, they are for profit and self serving, enough of a reason to stop that route. However, if that is who the state chooses, so be it.
EDIT: Your husband should refuse if he is asked to sign any paperwork by the facility or anyone that is not his representative, ie his attorney. They ALL have payment responsibilty somewhere in that 10 to 30 page contract they are asking to be signed and they will lie to his face about what it says. He does not want to be held responsible for the self pay of a NH for his mom.
With Medicade she pretty much can have no assets. Her condo is considered an exempt asset until death. Then its an asset that Medicaid can recover from the money they put out. MIL's SS and pension will be used for her care then Medicaid pays their portion. This means no money for the Condo's upkeep.
I would consult with an elder lawyer. Going to be hard to do anything for this woman without POA or Guardianship.
Then she is in Rehab or SNF I think you are saying? I don't know what an ordinary Nursing Home means by her being covered for 120 days.
I am sorry the attorney was confusing. But this is a simple matter of who, what and when in terms of coverage. I would see their admins and social workers to work out who currently is listed as acting for Mom.
Insurance, unless long term care insurance doesn't cover Nursing homes. Resident are usually self pay if there are assets.
Your Mom, for all care and so long as she has liquid assets other (other than one home and one car), would be self pay until she has spent down to an amount dictated and proscribed by your State. Nursing Homes getting paid SOME way for sure. They themselves are not allowed to be guardian. Is there a family member currently acting as POA?
After all assets are gone she would apply for Medicaid according to rules of your State. Check Medicaid site for information.
If Mom is in nursing home then someone is acting for her if she cannot act herself. Whether that is a POA or conservator or guardian, someone has the reins here. Check with your nursing home to find out who signed on the admission as POA or next of kin.
I am wishing you good luck. With the pension and such this will get complicated fast. I would see an elder law attorney.
She has both medicaid and Medicare. No one is writing any checks. She was in rehab of NH. Recently she fell and was taken to ER. At the ER it was discovered that she has a lumbar spine aneurysm over 7mm. They chose not to operate due to her age. My husband went to the hosp and she didn't know who he was. She's been having conversations with her sister who passed about a year ago. She was discharged and sent back to rehab at NH. My husband has been signing paperwork as next of kin. She has no one else. She's burned bridges with family and friends.