Mom's nursing home is filing for guardianship, can I fight this or have the judgement reversed?

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My mom is in a nursing home and admin is saying that they are going to file for guardianship of my mom. If the nursing home admins are successful and are awarded guardianship of my mom, can I fight this somehow and can I later have the decision of the judge reversed?

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When a New York City nursing home becomes the guardian of an incapacitated patient due to dementia and Alzheimer, what is the nursing home's responsibilities for last rites, burial, etc. when death occurs
Nursing home has 100% control over patient's pension and social security
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Trass - it probably is NOT that the NH is seeking guardianship, it is probably more likely that they are going to petition for the court to name a Guardian / Conservator for your mom as a "ward of the state". The NH really doesn't want to be the guardian per se but wants someone they can work with to be the point person in charge of mom's situation. A G/C will supersede the POA. Your mom - as a ward - will have a vetted by the court appointed guardian / conservator. This can be an attorney who specialized in this OR may be a person who has takes courses with continuing ed on G/C and does this as a professional. They know how to do the reporting to the courts; deal with the NH and mom's care plan and other very timeframe oriented items for their ward. Now just because mom is ward, doesn't mean that family is shutout. The G/C wants family input but whatever happens HAS TO BE IN the best interest of the ward. So if family have financial or emotional issues that impact on mom, the G/C can keep family at a distance. All G/C hearing are held in open court by probate judges, so you can & should attend all hearings. If you have a concerns you voice them with whatever documentation to the court too. You can get copies of the required financial & asset report that the G/C does too. Usually the first round, the G/C is named a "temporary G/C" for 6 months and then another hearing held to determine if it should continue permanently. Often family have a short term issue that they can't be POA due to their own health issue (like they are undergoing chemo so they are out for 3 -5 months) so a temporary G/C is ideal.

But for a NH to go to this step with family who is POA and will fight the G/C, it almost always is either that the elder is NOT doing whatever is needed to pay their bill; & family has not stepped up to get whatever documents are needed to complete a Medicaid or Medicare or insurance situation & resolve billing; that family is interfering with the elders care plan. Not to sound harsh, but IF you have been loud or aggressive on your mom's being in your opinion "doped up by the NH", that is going to be an issue for the NH. I would imagine that someone has complained to staff about your behavior & or the staff has found you to be threatening, so the NH has to do something. Going to the G/C is really the nuclear option the NH has and for whatever reason they feel that is the route they have to take with you.

I'd suggest that you calmly & carefully go over your actions the last couple of months @ the NH; go over mom's finances and her co-pay to the NH to make sure no issues with that; and go over her trust fund account to see if it shows that you are doing your duties in taking care of her needs not paid by Medicaid. Often family doesn't do anything with the trust account, NOT GOOD, as it shows lack of concern which can be brought up in a G/C hearing. Simple way to do this is to establish a regular session @ the beauty salon for mom. Really if you can, dial it back a bit & review your actions to see what's there that would warrant a G/C.
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My mother is in a nursing home. I am not satisfied with the way they have been taking care of her. My brother and sister are her POA. The nursing home is now taking us to court to obtain guardianship over my mother this includes medical. My problem is that I have been staying on top of them because they have been negligent in my mothers health. Her eyes were infected and no one noticed. Someone took her eyeglasses they didn't notice they gave her someone elses glasses to wear and it took weeks to get a new pair. They keep her so doped up on medication that I am sure that it has contributed o her falling. I asked them not to give her the medication because the medication is very strong and should not be given to patients who have dementia or heart conditions which she has both. I feel they are trying to keep her on theses meds so they don't have to do their job. My question is do they have rights to try to take guardianship if family members are her POA?
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MyLadyAlexis, I asked an online lawyer what happens when a ward of the state dies? He said that it is pretty similar in all states, with some variations. The guardian uses any assets left to pay for a simple funeral. If there are not sufficient assets, the guardian applies for the SS death benefit and petitions the state for additional funds, which are paid to the funeral home for the most modest service possible.

I suggest that you find out what would happen in your particular state.

Also, please go back and read again igloo572's answer. She is giving you some very sound advice.
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MyLadyAlexis, I thought your mother only had $8,000 in the bank, and that she has medical bills far in excess of that. So what could the nursing home do with that money? I mean, there really is nothing for you to protect, is there?

And her SS money will go to pay a part of her NH costs, whether she is a ward of the state or NH has guardianship or you do. There is nothing different that can be done with that money, no matter what. They will not take more than they need for her care, because she does not even have enough for her care. What they take is controlled by law. Mom will be on Medicaid -- all of her SS except for a small allowance for personal expenses goes to the NH, no matter what. That pays only a fraction of the monthly cost; Medicaid pays the rest. There is nothing to trust or distrust. Your mother's money is going to go to her care in the nursing home, no matter what.

No one is going to steal from your mom, because she has nothing to steal. Sad, but that is how it is.

I think your primary concern here is paying for her funeral, right? Have you had a conversation yet with the NH administrator? Ask if a pre-paid funeral plan can come out of her $8,000 before debts are paid. And ask what will happen if she dies without having money for burial and no family member comes forward with money to take care of that. If that is your major concern, then focus on trying to get that taken care of, and let the rest go.

I understand that you care deeply about your mother. If you can manage to get some of her money set aside for the funeral, you will have accomplished a lot.
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Jeangibbs, I want control because I don't trust the nursing home or anyone when it comes to my mom's finances, especially in this economy. Besides if they take control of her finances chances are they will take more than what they actually need for her care and leave nothing for me to see to her funeral expenses later. I am the only one of her kids that give a damned about her and her care. The rest simply have their own selfish lives to live and have forgotten how much mother sacrificed over the years for them. I haven't, and I will continue to make sure no one takes advantage of her state of mind and steal from her.
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Kadwilder, thank you and I will look into the NH thingy at this point it can't hurt. I am in Pa. so I don't know how the laws work here pertaining to NH issues but I'm sure I will find out. BTW, thank you for the hug it is so much appreciated.
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And I still don't understand why you want legal control. Isn't the nursing home doing a good job for her?

I am very, very sorry that your mother doesn't recognize you. I think that is one of the saddest aspects of some forms of dementia. It has absolutely NOTHING to do with how much she loved/loves you or anything you did. She may still recognize you as a nice lady who comes to visit her and makes her happy.
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I suggest that you contact your local Office on Aging to see if they can assist you or refer you to someone who can. I'm in CA so I used CANHR -- California Activists for Nursing Home Reform to obtain legal assistance. I am wary of Nursing Homes getting control of anyone's income because in my experience they put their own interests ahead of the patient's. Good luck.
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Well they did tell me that they were filing for guardianship and could so legally. And since I have no money to fight them and i can't find any legal aid attorney who will take the case. My mom is badly demented now and is mentally incapable of giving anyone POA, she barely knows me now whenever I see her. This bothers me alot and doesn't help the situation any.
The nursing home did however file for mom's medicaid when it needed to be renewed since she was already recieving social security of her own and my late dad's social security. I do believe tho that the nursing home may be having problems accessing my mom's bank account which I hope remains to be an issue. In the meantime, I am still trying desperately to find a way to get some kind of legal control, of course my sibling still refuse to lend even the slightest of help. I am so tired sometimes.
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