I was never advised by the NH, attorney or Medicaid that I was to take her SS benefits and pay it all to the NH. Any advice?

Everything ran through my Mom's atty. I never was notified she was approved...it was sent to her atty. Then and only then did it state that her payment of her SS check will now be paid to the NH...Which it is going directly to them now. It was never mentioned that her SS should be going during pending approval, and my atty advised to continue paying her bills. Not saying to give anything to NH. I week lot lies within this atty. I may be meeting with him next week as he is on vacation. I appreciate all your help as I am an emotional wreck over this and it's good to know they're good people out there that care.

I don't know how this happened (being made Power of Attorney if you didn't agree), but you MUST find a DIFFERENT attorney. Go through your local State Bar. You may not have been advised, but as Power of Attorney, it is your responsibility to seek out advise, so as they say (I was in the legal profession for 20 years), "ignorance of the law is not a defense" and the state doesn't care about your reason. I live in California, and the state is practically forcing me to put my Mom in care (because I have a chronic illness), and my brother would take everything. And I would suggest not going to your Mom's attorney, but take your records to another attorney to see if your Mom's attorney handled things properly -- and file a Complaint against him. He may be guilty of malpractice and he will try to cover his a**. Also, check with the State Bar to see if any kinds of complaints have been filed against him. I know this is really stressful, but don't let anyone take away your power and confidence. Get in there and kick some legal butt!

Having been in the industry, I don't agree with you. She needs someone impartial to look at it -- and the current attorney for her Mom is going to charge her for all his time. I wouldn't give him a dime until I knew what was going on. And most attorneys can be ruthless, especially when their a** could be on the line. He isn't going to be honest. But that is your choice Ms. Cat. I hope whatever you decide to do, it's the best thing for you.

The very first thing you have to do is get an attorney.

Has your mom died? POA ends when the person dies. If she's dead, you are not POA. If she's alive is she still in the NH?

How do you know you're being sued? Have you been notified? Served with papers? Or is this just a threat from the NH?

Is your mom on Medicaid? Once her Medicare stopped paying did you begin to pay the NH each month with your mom's benefits? Were you applying for Medicaid at this time? Was she approved for Medicaid?

Yeah, you actually do have to pay the nursing home first unless there is Medicaid pending; if there is Medicaid pending, they should have waited and not demanded to be her rep payee, because Medicaid will cover back to the application date....but wait a minute - that Medicaid must have been pending a long time to run up that much of a bill. Now I may be missing something, but I don't see how you did wrong or could be held liable personally - especially if you have it all documented. So, who is YOUR lawyer? (Maybe Mom's lawyer perceives a conflict of interest and can't fairly represent your interests or did not give you the straight scoop on something??) It does not usually take a lawyer to file for Medicaid, BTW...something just is not right with this situation, as POAs are not normally personally liable. Are you living in Mom's house that you were paying the mortgage for? It may be an exempt asset, but if Mom is not going to be able to ever go home, and if its sitting empty, you may need to sell rather than keep paying for its upkeep...but is there a lien on that? You probably should have been to the lawyer before letting the NH have rep payee, and it is also OK to use Mom's funds to pay the lawyer. You can also go talk to the Medicaid people and find out their take on everything. They may be may seem a little unkind as they will make sure you understand they are not in the business of preserving anyone's inheritance, but if they can see you are an honest person and just not quite sure what to do, they may actually end up being helpful. The fact that you didn't sign the admission form for the NH might not mean a whole lot, since as POA you are supposed to act in the person's best interest and that would include making sure her care is prioritized and paid for. Every state may have slightly different rules and regs, so getting someone who knows Medicaidin your state inside and out would be critical...and that may or may not be Mom's current lawyer. My parents' estate planning company was based out of state, several things were done incorrectly, and the lawyer was at times not really on top of it, though able to help some and was happy to let me use her "clout" to help deal with a recalcitrant pseudo-long-term-care insurance that did its best to avoid paying.

Wish this was easier.

Not what you're saying. MEDICAID has all 5yrs of bank statements and she was approved. While she was waiting for approval Nh says I should HAVE BEEN sending her ss checks to them...which I never was told until now. All money is accounted for paying her bills. No withdrawals..checks to her debts....nothing was ever used for MY personal use whatsoever. She was in the nursing home and Medicare ran out..applied for Medicare and it took almost 1 yr to approve her.

Blackcats, you must not have read the documents, because Medicaid is pretty clear about what you have to pay, and the Medicaid agreement says the NH gets paid first. If I were in your shoes, I would be at the attorney's office right this minute asking for help.

No, I think she goes back to him, and makes him get it right. Suing him will only delay the entire process. Tell him it's his job to rectify this, and I am sure he can. I would only call the Bar if he is uncooperative or asks for more money. PLUS we don't know who is suing her. In PA the NH lawyers are ruthless, they bully and intimidate and resort to shady practices.

You need to get an Elder Law Attorney that specialies in MEDICAID in the state you live in. (Laws can vary from one state to another.)
Additionally, I highly recommend you get the following book "How To Protect Your Assets From Devastating Nursing Home Costs - Medicaid Secrets" 2014 Edition: Expanded, Revised, and Updated. By author K. Gabriel Heiser, Attorney.
You can also get your specific questions answered for free once you purchase the book. You can view other's questions at (www. MedicaidSecretsForum.com) If you put the title of the book in your browser, it will bring up the web site for his book (at least read about the book, you'll be glad you did) It is also available on Amazon. It took about 3 days for me to receive it after I ordered it. Cost $47.00 but well worth the money. Anyone that has elderly parents needs this book. All the different situations and scenarios are priceless. A wealth of information that you need to know and act upon now You can have it delivered overnight for an additional cost. The book also tells you how to choose an Elder Law Attorney for your specific needs.

igloo572 your informative response has now made me rethink if I want to continue as my mother's DPOA. I have become very informed of my duties and responsibilities, but the medicaid laws and NH rules are far too complicated to comprehend by most who have DPOA. Not everyone have the funds to turn to an eldercare attorney everytime a legal issue crops up. How can a DPOA agent be expected to know all the laws of elder care when your average lawyer cannot comprehend all the laws?