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Mom has a small pension & Social security. My brother & I have been taking care of her until it was impossible. I have called Shine, Elderly services, etc. to no avail. Can someone give me advice on what I can do to have me be the payee or the NH she is in as I will not be able to access her account come January. She is on hospice and I was told I can't be POA because it is documented she has late stage dementia. We never thought she would have to go to a NH and she has no assets. Any advice would be greatly appreciated!

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Social worker at the nursing home should be able to help you petition for emergency guardianship. NH may also be planning to do the same. They have standing as they are the receiver of all of her funds from the sounds of it.
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I want to thank everyone for their responses and advice , I will let you know how things work out . Again Thank you and Happy Holidays , Patty
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Dear Patty,

I wonder if you can petition the courts for guardianship. It is a tough situation. I will bump up this thread and hope another forum member can help.
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Good luck Patty, and don't despair - your mother definitely won't be the first person in this situation, and it only stands to reason that there must BE a way to manage. Lots of people have had to, after all. Let us know how you get it sorted.
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From a legal perspective, I agree with the two posters behind me. A guardianship/conservatorship needs to be put in place if you've gone as far as you can without having a POA. I definitely agree with the advice to talk with the social worker at the nursing home about the matter, as the two of you could feasibly work together to get an emergency guardianship/conservatorship order into place. If it makes you more comfortable, go seek the advice of an elder law attorney on your own.

Best wishes!
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Thank you
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