What the hell is the point? No one honors them. Senior citizen have absolutely no rights and a monkey could work for the HHSC(DHS) they don’t care about the older generation or have any respect for them. It’s almost like they want to push you to the point of taking the laws into your own hands. What is your next move after that? I’m so overwhelmed and frustrated. You let it be their family member that has been through the things my mother has and they wouldn’t be happy about it either. Every right as a senior citizen in Texas they have violated everyone of them more than once they’ve taken her burial policy and she had no clue that’s what she was doing. They lost her bottom plate her dentures straight up neglect cold showers overmedicating her with things she didn’t need. She told me she needed to get out of there soon so I brought her home with me. And in retaliation they called adult protective services. My mother receives a pension check is supposed to go towards paying for her room and board at the nursing home. I just recently found out it’s the beginning of this year is it live only received twice so for two years, I haven’t received her paycheck. It had no clue about any of it, now they presented me with a bill that it’s got to be paid it’s got to be paid. I think they should eat it. It was their mess up too much that stretching it I could understand but two years every time I ask them to explain it they refuse. I reported them to say they said that there’s nothing wrong with my mom has to pay that bill , they had it so messed up. The pension company was just keeping it. They said there was too many people different people inquiring about my mother’s money. I’m at a loss for words I don’t know what to do. I can’t find an attorney it’s driving me crazy and I’m going to have a stroke .
And those living in NHs do have rights. And if my was not getting appropriate care you could have had the State Ombudsman investigate. What do you mean the took her burial policy? Was it done before or after Medicaid was involved? After, the policy would be in a Medicaid trust with the Funeral home and Medicaid as beneficiaries. I had a copy and the funeral home had a copy. Was the policy a normal policy or said it was for funeral expenses only. If a reg policy and has a cash in value, it has to be cashed in and spent down. Not sure what happens to policies with no cash in value, maybe Medicaid becomes the first beneficiary. But never the home. If the home excepts Medicaid and the recipients SS and pension, thats all they have contracted to.
I can tell you are very upset and overwhelmed. I think at this point you may need an elder lawyer. First to make sure your POA is valid. If so, then deal with her Pension. If they are not forthcoming, then get the lawyer involved. I understand their concern but now it needs fixing. If you don't like where Mom is, move her after you get this all straightened out. I overwhelm easily. I go off by myself and take a deep breath. This will all work out but you tackle one problem at a time. First, getting the pension due her to her. At this point I may have any payments made to you, especially if you plan on moving her. Then u have a paper trail showing you wrote a check and they cashed it. Moms statement will be your proof. When a POA your also an Advocate which makes the job even harder.
I served as POA and as Trustee of Trust BOTH for my brother. The documents were done by an ATTORNEY and were thorough and airtight. They were not refused by ANY entity (though of course some things, like IRS and Social Security do not accept POA/ they use Representative Payee).
It is CRUCIAL that you be educated completely and informed completely about the RIGHT and the DUTY of being a POA. BOTH! It is in my humble opinion crucial that you not pull forms off the internet and get them signed and notarized because they WELL MAY NOT BE ACCEPTED by ANYONE. A notary is attesting not to the competency of a person signing, only to their signature. And it will be too late to get a good legal POA if the person has passed into incompetency.
I am sorry you are having so much trouble with this, but at some point and for some people the duties, and legalities of POA and Trustee are too difficult for some people to understand fully and to negotiate without GOOD SOLID legal help. That's expensive. In such cases it is best that the state take over and manage for the elder involved by appointment of a Fiduciary who is trained in the meticulous records keeping, and in negotiating the laws of their counties and states.
Sorry this has been such a mess. Call APS and tell them it is all beyond them, and ask for State mandated guardianship for your loved one in need.
Laws around POA/Guardianship/Conservatorship are VERY TOUGH, THIS IS TO PROTECT your elder. Try to remember that. They are protecting the money your elders have accumulated over their entire lives.