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My dad was her payee until he died then I took it over on the 22 nd of sept they called to say mom needed a shot then asked me to hold and a lady came on and said their attorney would be calling me to explain they would be taking her check on the 3rd of October no check went to ss and found out 10 days before that call they had already changed the account over according to ss I should have been notified

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They haven't become her guardian, just her representative payee, right? They have no decision making authority over medical decisions.
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Nope nope nope all reports sent payments on time follow me no what ifs this would go forever. The nh went on line used my info and moms and changed her direct deposit to them w out notification now when u become a payee for someone it's also lists as beneficiary thru social security their words not mine also according to social security the payee has the authority to make all descions based on that the elderly lawyer consult said that IS true and never let any facility to have that control that I should continue to pay also ss I was to let me know about changes but didnt cause they on line claimed they they were me
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I'm going to guess Bamaman did not send in her annual financial reports to the Surrogate's Court and delayed payment to the NH. That's when the Judge removes you and appoints the NH as guardian of the person and estate.
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Are you saying that the nhbhas now become your mother's guardian?
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Sorry - I don't understand your reply. Beneficiary of what? They are getting paid for their care of your mother. This does not entitle them to make any medical decisions on her behalf.
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Social security mandates if you are the payee you must have a account that say for person name the nh gets their money the next day by certified check my biggest complaint that after years no discussion went and opened a new account according to one lawyer by doing this the nh then has all the say in moms care cause now they are the beneficiary pissed that they did not discuss this
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Ooopps! That should read "pay his bills" not "past his bills".
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I am my sons guardian. Because he is unable to read, write, past his bills - has no understanding of money, I must manage his money for him. I am listed as Representitive Payee on his account. My name is on his checks followed by that title. His name is also on the account and the checks.
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You said the check went to "our account"? A Guardian is not allowed to do that, the bank account has to be in the recipient's name only. (I am a Guardian). My sister, who is my ward, lives in a group home and they get her check, the whole thing. She has an account there for personal needs.
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The only concern is if the check is reaching the NH on schedule and if the allowance is being credited to your mother's account. The rest of it just saves you from having to do more work. Just check to make sure the NH is indeed getting the check. And find out how the personal allowance account can be accessed and managed so you can provide things your mother needs.
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Bamaman - is she in the NH on medicad? If the answe is yes - then the rest is just doesn't matter. Reread all her admission paperwork and medicad paperwork if you need to. When an adult on medicad is living in a nursing home this is how it works - it how the bill is paid. Be thankful they give her a small allowance and don't take it all! You will only waste your time and probably end up further frustrated trying to fight this. Did you think she would stay there and checks would continue being paid to her bank account and the government/medicad/nursing home would trust that your a good and honest person who would turning right around and write a check back to the NH? It doesn't work that way, sorry! The fact is the cost of having your mom at the NH is actually higher than her monthly SS covers.
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There has never been a financial problem the checks come to her account at her bank social security says their policy I was to be notified before any changes made I am the legal guardian and payee it before that my dad was confused on why no communication attorney for the elderly says that hat is illegal and to never let a nh have control that I or a family member make the checks to nh if 100 per cent accreditated by medicare
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That is the way it is. Your mother will have an account at the nursing facility. You need to keep an eye on the balance of that account to make sure it doesn't go too high.
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I would be notified cause the check has come to our account for 5 years nothing the check didn't come
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Bamaman, it is so much easier that way. You don't have to worry about drafting them a check every month. The only thing to watch out for is to make sure the account that has her personal allowance does not get too much money in it. Someone mentioned a while back that a parent had not spent money, so the account got so much in it that it disqualified them from receiving Medicaid.
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I'm assuming your mom is on medicad. My MILs nursing home worked exactly as Pamstegma described - it's how the nursing home is paid more or less.
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Why would you be notified? It's your mom's check and it goes to her at the Nursing Home. She would have signed the papers making them representative payee at the time she was admitted. The NH gets the whole check, they give mom a monthly allowance for personal items and that is all there is.
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