Can the LTC facility throw Auntie out of the facility if we cannot meet the required paperwork bank statements etc by the deadline? They only informed us of what they needed 2 days prior to Xmas. Since we do not have POA it makes things a little difficult. We started working on it last Friday but with the holidays seems like everyone is short staffed. We have a call into the Elder attorney this AM and was told he would call us back but it probably wouldn't be before Friday.
I would consult with an Elder Lawyer. You may have to let the State take care of Aunts care.
Let them know you haven't a CLUE what they will do now, but you are powerless.
Again, if you take on guardianship through an attorney you are STUCK WITH IT.
I served as POA and Trustee for a very with it, very cooperative and very organized man. It was still a nightmare and a very steep learning curve.
You can't be all things to all people.
Wishing you the best and hoping you will update us as you go.
Dear _____________.
We understand your "need to know" in terms of the documents requested. However we do not have guardianship or POA, making this difficult for us. Do you have a Social Worker who can help us in this regard? If not, understand we have contacted an attorney to get whatever is required to allow us to access information; this will take time. We will keep you informed. Present situation: We are told the attorney will "most likely " contact us Friday after the Holdidays. If you have other options for us to access, do inform us."
Sign your name.
Do know that in many cases you may not WANT to do all this, because if Aunt isn't competent she cannot assign POA. You would at best be left with asking for temporary guardianship. AS TO GUARDIANSHIP I caution you not to accept it. It cannot be resigned other than through a judge, you are responsible, and a judge will never let you out of it even if you are ill (!!!!!) my experience as a nurse has told me.
Even if Aunt CAN give you POA it is a LOT to DO.
The state will have to take over if you do not, and basically the place Auntie is in now is bullying you to DO EVERYTHING and do it fast.
Answer to what they can do with Auntie? Not much. They are stuck. They can ask for intervention of the state to appoint a guardian and can have her placed in another facility.
No, they cannot kick her helpless body into the street.
Think first very carefully if you want to take part in ANY OF THIS other than to visit Aunt in whatever facility she is in. This hasn't been addressed and it is too late now to attempt to do so on your own given legalities and costs. For instance, if you were POA your costs at attorney would be paid for by your Aunt. Now they are yours. They will likely at this point run you around 2,000 to 5,000 just to get answers. You may decide against being POA, guardian, or anything else. That would make the State your Aunt's guardian. It is what they are trying to avoid. YOU NEED TO DECIDE NOW WHAT IS BEST FOR YOU.
CAUTION
Do not sign anything for facility. Do not PAY anything to the facility, thereby taking on responsibility that isn't yours.
Please ask your question only once on Forum. If you ask it over and over all but one will be eliminated by the admins and you will miss answers.
Good luck!
How has your aunt's monthly bill at the AL been getting paid? Why is it not still getting paid the same way and by the same person? The AL has a set price that gets paid every month. If they are getting paid on time and in full they are not owed bank statements or any other financial information.
The AL knows that none of you has POA. So they know that this means no one has access to getting her bank statements or any other financial information. Let them know that the family is supposed to be meeting with a lawyer on Friday. Then call their bluff. They're not going to throw her out before then because they have nowhere to put her. If she's paid up every month and even if she's not they will have to go through proper legal channels like formal eviction to get her out. That takes time.