No, they cannot do this. The nursing home tried to pull similar with me when I moved my father to a different facility. Don't stand for this. JoAnn is right. Whoever is the executor of his will has to get a paper from the probate court and a copy of the death certificate to get the nursing home to release the money.
If your talking about his Personal Needs account the Executor will need to ask for it. An Executor gets a "short certificate" that allows them to deal with a persons financials. The executor will take this certificate and a death certificate to the finance office at the NH. With me, this info was sent to an offsite billing department who sent me a check 2 weeks later. It may say "to the estate of". It will need to be deposited in Moms estate account. Same thing with the asset amount (my State 2k) allowed by Medicaid, that becomes part of the estate.
Your POA stopped at death. If there is no Executor because there is no Will, you will need to go to Probate and get this short certificate. You may need to sign an affidavit saying Mom has no assets other than what her 2k and PNA amount to. Under a certain amount of money probate is not needed but u will need that short certificate.
If after proving that you can handle Moms affairs you are given the runaround, call Social Services and tell them that the NH will not release the money. Here's the info concerning PNAs:
Condolences for your loss. So many factors affect the release of funds. Which means the following questions need to be considered. Is the facility in the U.S.? Is the facility a 100% private or a Medicare/ Medicaid regulated facility? Was your brother on Medicaid or Medicare at the time of his death?Asking since each state has different laws on recovering Medicaid/Medicare costs for care after the age of 55. Was there an outstanding balance, at the time of death? ....
Pippy12345, welcome to the forum. Sorry to read about your brother's passing.
As for the trust account, what does the nursing home Contract say regarding this account? What did the nursing home tell you directly about this account? Was your brother in the nursing home under Medicaid [which is different from Medicare]?
JoAnn is right. Whoever is the executor of his will has to get a paper from the probate court and a copy of the death certificate to get the nursing home to release the money.
Your POA stopped at death. If there is no Executor because there is no Will, you will need to go to Probate and get this short certificate. You may need to sign an affidavit saying Mom has no assets other than what her 2k and PNA amount to. Under a certain amount of money probate is not needed but u will need that short certificate.
If after proving that you can handle Moms affairs you are given the runaround, call Social Services and tell them that the NH will not release the money. Here's the info concerning PNAs:
https://www.cga.ct.gov/PS99/rpt%5Colr%5Chtm/99-R-0025.htm
Is the facility in the U.S.?
Is the facility a 100% private or a Medicare/ Medicaid regulated facility?
Was your brother on Medicaid or Medicare at the time of his death?Asking since each state has different laws on recovering Medicaid/Medicare costs for care after the age of 55.
Was there an outstanding balance, at the time of death?
....
As for the trust account, what does the nursing home Contract say regarding this account? What did the nursing home tell you directly about this account? Was your brother in the nursing home under Medicaid [which is different from Medicare]?