APS wants Mom in a nursing home which she refuses. They were going to petition the judge about it and said she doesn't qualify (whatever that means). Now they want her to have 24 hour home health (@ $22/hr). That is more than $15,000 per month and not including other bills! What do they think she is supposed to do?? I am her POA. Can they come after me about this?
So exactly how was APS brought into this drama? Like what is the backstory as to why APS is involved in your mom’s living situation? APS doesn’t do things quickly…. there has been a pattern of concerns. So what all has led to this place in time?
and
Did APS actually go to court and judge issued a decision? How does the decision read?
OR
was it that APS withdrew its petition (probably was to make her a Ward of the State) or its threat of filing a petition to instead do some type of ”safety and health plan” for her that is FT caregivers from a licensed agency. APS did this as your mom appears pretty competent and cognitive enough to handle her finances and hire an agency. That what APS wants done reduces the amount of $ mom has does not matter….. as she has enough $ to manage her own personal household expenses AND pay for care, then her $ can be directed for this as it ensures her health and safety.
FWIW in my NAL viewpoint, I think APS did this to let your mom show that she is either capable or incapable of managing her life. That if she doesn’t do what APS recommends and a well-person check is done again in 30-60 days and then they find nothing has changed THEN APS will file for an emergency ward of the State action placed over mom. This can happen fast and is serious as a temporary guardian is named and they take over decision making. If you are her POA, that stops as the guardian takes over.
POA has a fiduciary duty to ensure that she uses her $ to pay for things needed to provide for a safe & secure environment. And that you help her make decisions to ensure a safe & secure environment. If mom has named you as POA and has also placed you as a signature on her banking and you have her checkbook then you pay her bills. You can arrange for caregiver agencies, sign off on a contract as her POA and pay them all from her bank accounts. Not your $ but mom’s $. The issue often is that the elder is 100&1% controlling their banking and financials so leave the POA unable to do what is necessary and the elder refuses to have help come in or refuses to even give a thought as to moving into a facility that can provide the care needed. If that is what is happening, and your mom flat out refuse to change, you may want to resign as her POA and let APS know this.
There will be an event….. a fall or a fire…. so they end up hospitalized and then go to a NH never ever to return home. It’s sad, but only so much you - even as POA - can do if they are stubborn & unrealistic and refuse to let the POA do what is necessary and will not cooperate to pay their bills. For elders like this either you spend your own $ to have an atty file for guardianship* or they end up becoming a Ward of the State.
* once you are named guardian, then you can seek reimbursement for those costs. Assuming your elder has $.
Your POA pays for an attorney. If this is coming to court you need now to consult one for your options.