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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.

You must provide Bank Statements. Medicaid must see where Aunts money has gone in the last 5 years. They look for large amounts of money going out of her account. The bank will not help you without POA or guardianship, which is expensive. I really don't know how you are going to get info needed for her application if not POA. You need to consult with an Elder Lawyer or allow the State to take over her care.
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Reply to JoAnn29
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Your Aunt should be "Medicaid pending" status and the facility knows this. I doubt they will force her out since she's been on private pay for a while. You may need to contact social services for emergency guardianship since no one has authority to get her bank statements for her Medicaid app.
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Reply to Geaton777
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In my State Medicaid gives you 90days to get them the info needed for the application. TG my Mom kept 5 years of Statements. I also had POA so was able to the Medicaid caseworker the info needed. Without POA or guardianship not sure how you can get the info needed. I doubt the bank will give you her bank statements.

I would consult with an Elder Lawyer. You may have to let the State take care of Aunts care.
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Maine127 Dec 30, 2025
Yes the LTC facility is doing the application for Medicaid hence the reason for needing the bank statements She used to receive these thru the mail but somewhere along the line the bank changed their policies and went paperless We were hoping there were some other paperwork we could submit but we weren’t offered any other suggestions than needing the bank statements
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Thanks for the info ladies and honestly this is just a disastrous situation right now at least for us. She gave us her checkbook with all the checks signed and believe me there were plenty but we only fill them out and use it to pay her additional insurance and monthly payment which isn't a set fee because of different charges she may get her haircut etc. We always show her the bill and clear it with her and the NH never seemed to have an issue doing it this way until now. The issue now is we need copies of her bank statements which of course we cannot get
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AlvaDeer Dec 30, 2025
Yeah. No. That can't go on, that check thing, and never should have been started. It's a shame the POA wasn't done; perhaps it no longer can be. It may be time to give this over to the state. Tell them just what you did, that while she was somewhat with it, this was what she wanted to do, and the checks were made out this way so you and she could approve and pay. But that she isn't well enough now, and didn't give you POA, and you cannot act for her.
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.
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I would put in writing to administration of facility:
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!
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Reply to AlvaDeer
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If no one has POA for your aunt none of it is your responsibility. The AL facility should be getting APS and Social Services involved now.

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.
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Reply to BurntCaregiver
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JoAnn29 Dec 30, 2025
This in LTC do probably Medicaid. Seems the facility is doing the application.
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