My 2 brothers had POA. One neglected her and took all her money causing her to lose her house. She was not deemed incompetent and signed POA over to me. Now the home is refusing to allow me to take her home. What are our rights?
My 2 brothers had POA . 1 robbed her, stopped paying on house & kept her ss checks. He left her in home with no electric(in fl w/ no a/c) She fell and broke hip & ribs. Was brought to hospital & then signed herself in to NH as the other brother(in NY)was not willing to help her. I was in NY -not aware of the extent of what happened & sick from home I lived in(toxic mold). After 9 mo of doc care & diagnosis & meds to help me function again I came to Fl. After seeing the terrible care she was getting, found a house( my nephew is buying) for me to live in with mom all the while telling NH & them agreeing to it. I found POA papers in her home b4 it was auctioned & gave to NH & my brother( the papers were missing) My bro decided he didn't want her to go home with me( he has not spoken to mom in more than 4 yrs & has never been to NH) My mom wanted me to now have POA. I had papers drawn & signed by her at NH. My bro threatened NH with his free lawyers(thru job) not to let me take her. The NH has told me they would help me all the while but now are refusing to file my general POA & threatening me to not take her out. I'm not sure of our rights & don't have money for a lawyer. The 1st bro took all her money( there's possibly an IRA w/34,000 left. I can only find paperwork from2013. Not sure if taken by brother). I filed my POA w/county clerk. My brothers did not. My mom was never deemed incompetent & wanted this but now NH wants to test her even tho she told the social worker there that she was aware of what she was signing & he said that was good enough. Complicated story. Thank u for any advice u can give me
Yes but she's in a wheelchair since hip replacement last yr & they kept her in it & stopped physical therapy. She has Medicaid & Medicare & I suspect they were charging for pt when she wasn't receiving. Yes she wants to come home with me The house closing is oct 12 so I am in a temp rental now
I understand the NH's reluctance to discharge your mother. She has been through a lot of abuse at the hands of her son. Did they contact the APS or other services? My recommendation to you, pattycats, would be to stabilize yourself before trying to bring her home. Your mother seems to be in a good enough place at the moment, so it would be best not to upset things until you are stable and able to care physically for your mother and financially for yourself.
No they didn't contact APS nor did my other brothers. I don't like the care she is receiving at NH. I've been going almost daily for hrs a day in the last 4mo and have seen plenty. I've waited till now so I can bring her to a stable environment. It is NOT a nice or caring place she is in & she fears them & wants to get out
A nursing home is not a prison, and competent people cannot be held against their will.
Could you explain the situation behind this?
Who has healthcare POA for your mother? Is there a guardian? When Mom made you POA did she specifically revoke previous POAs?
Somewhere in the facility, hanging on a wall, is a list of rights for people living in the facility. You can also find this list online.
If mom walked out of the NH would she live with you?