My mom was in a ALF in Florida for 4 years, last summer another resident left the water running in the shower and my mom’s room was flooded and they had to evacuate her for safety.
1. I was never notified that my mom was moved or nor was I notified that this happened until a week afterwards.
2. I understand that in Florida an addendum is required if a ALF changes the residence room.
I'm not a lawyer however I do hold a Florida real estate license and I’m also a licensed property manager and if a tenant moves from unit A to unit B, I’m required to provide a new lease agreement.
Does this applies to ALF in Florida as well?
Also I am my mom’s POA. Last month my brother was there to visit her, and the administrator had my brother sign a document in regards to Medicaid under as the legal POA/or Guardian which my brother is not either! I am!
Was that illegal?
1. You WERE notified.
2. Your mother was moved due to an emergency that was more or less what they used to call "an act of God". The emergency was met as the crisis it was, mom was moved to safety rather than allowed to stay in a flooded, mold-prone room.
3. This emergency action will now be evaluated dependent on what's needed, and the intent is likely to return mom to her premises when repairs are done.
4. Let us say it IS illegal not to notify you within some time period. Then what? Because any "suit" would require that you accept monetary compensation for the "injury done" and there was no injury.
Seems to me that your intent here will result in an adversarial relationship with a place you are happy with all this time. How would that be of benefit to you OR to your mom? I am uncertain what your hopes, your intent is in this matter?
As to the document? I am certain they mistook brother for POA. I am certain you corrected the problem? Am I wrong?
Life is full of imperfection. It might be good to decide "what mountain you choose to die upon", as the expression goes.
Can you please clarify what this means? Does she live with you or not?
In my home state, MN, a Medicaid app does NOT require a PoA to sign it. Only someone who will act as a "representative". Often social workers and non-PoA relatives will sign the app. So, it is very probable that in FL it was not "illegal" for him to sign the document but since Medicaid rules and apps vary by state, you need to look at a digital version of the app and look on the last page where the signature is required. See who they say can sign it.
That being said, I don't know how he or the facility was able to provide the financial information required on the app. Usually they need 3 recent months of a banking statement -- unless your Mother doesn't have a bank account? It also requires a listing of any other assets (car, property, etc). When I applied for Medicaid for my in-laws I had to be able to supply this information. I wasn't the PoA but my husband was. We managed her mail, so were able to produce the bank statements.
More information would be helpful.
Why on earth would he sign documents knowing he is not the POA/Guardian?
It sounds like the facility is seeking medicaid for your mom after she moved. I would be getting ahold of medicaid to put a stop to this fraud.
As far as the contract, the law is the law, where I live you can't put any clauses that null and void state law, it's illegal and doesn't hold up in court.
I would recommend a certified letter telling the facility that the items they are trying to charge rent for not removing belong to them and you will not being removing or paying for space to house their furniture.
As for Medicaid, I moved my mother with me in another state and I’d canceled Medicaid in Florida