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Need help they now want poa to sign all ss over to them for balance or turn mobile home over its in patients and poa also, if not poa will be taken to court for misuse of monies. Six months ago they agreed 400.00 now they want change agreement so heavy on our heart

Here is what I think is going on. Friend has been placed in Longterm care. Friend has no money so Medicaid was applied for, I will assume the NH did the application and this is normal even when a POA is involved. The POA was not forthcoming in the info the LTC needs to complete the application. You can't cancel what you never had. Medicaid is not OKd until all the info requested is given. States have time limited when that needs to be done, my state is 90 days. My State requires 5 yrs of bank statements, proof of spend down and that their monthly income of SS and pension does not go over the income cap.

The NH has a legal right to ask for friends Social Security and any pension she/he receives. And they have a right to it from first day friend became a resident of the facility. So yes, POA can be reported for using friends SS for POAs bills. The friend no longer lives there. It would be the same if friend had her own home. Friends monthly income would go to the facility. If friend and POA own trailer together, Medicaid needs to know that. If friend owns trailer, the POA may not be able to live in it.

Sorry for this mess but its what it is. If there is a language barrier, the POA needs to find someone to interpret that understands what is going on. POA needs to go to the NH and talk to the finance officer. If for some reason the POA cannot carry out their responsibilities then the NH needs to petition for a guardian of the State who will handle everything. The POA will be revoked.

The POA may need to seek out an elder lawyer if they can afford it. If they can't then it may be best that the State step in.
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Reply to JoAnn29
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How does a woman who lives in a mobile home have a valuable ring that she decided to wear in a nursing home?

Im sorry but that doesn’t make sense. What makes you think that ring was valuable?
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Reply to Southernwaver
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JoAnn29 Dec 24, 2023
Also, I know people who have chosen to live in a trailer to avoid property taxes. A trailer in my State is like owning a car. You pay registration yearly and sales tax at time of purchase. (My state does not charge a yearly tax on cars) Property taxes are paid in the lot rent. These people have money, just chose to be in a trailer.
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I think you are saying that you are the POA agent for a principal who is currently in facility care and whose only income is SS and whose main asset is a mobile home, shared and maybe coowned with the POA. She also had a valuable ring, which is now missing.

If so, it seems likely the principal’s facility care is or will be paid by Medicaid. Then all of the principal’s income except a small personal allowance will be required to pay the facility. None will be available to pay for the mobile home’s space rent or other expenses.

The home itself would likely be an exempt asset, but is probably subject to a Medicaid lien unless a caretaker exemption or other special circumstance applies. This often means that it’s not a good idea for a coowner to pay all the bills from their personal funds in hopes of inheriting the property.

You should probably expect to use all of the principal’s income and assets for their care. This would include legal advice for you as their agent to be informed of your rights and responsibilities if funds are available.

I doubt that the facility has any liability for lost property; they almost certainly exclude it in their contract language.

If any homeowner’s or renter’s insurance policy was in effect at the time of the loss, you can check the coverage and see any applies. Most limit jewelry coverage unless extra coverage is added on.

As always, if you want legal advice that you can rely on, consult an appropriate attorney.
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Reply to Frebrowser
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From your profile:

"I am caring for my friend with age-related decline, alzheimer's / dementia, hearing loss, incontinence, mobility problems, and vision problems.

I assist power of attorney for our friend whose sim convalescent facility. Billing wants poa to turn all of ss over to them doing that leaves 0$ to pay bills along with rent. I I don’t comply they going after her for misuse of funds know elder financial abuse. Now POA along with friend whom she looks after is also owner of mobile home with her poa on friends bank account/ accounts.

Medical got canceled cuz poa didn’t comply she never received those papers went to facility when found out the social worker filled all out saying they want 1500.00 month instead of contacting poa in charge she took paperwork to person in facility whose declared incompetent alteizmer / dementia had patient sign."
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Reply to Geaton777
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No resident should wear any valuable jewelry into managed care settings, as they are told upon admission. The facility is not going to discuss missing rings with you or with your friend. She can file a police report if she'd like.

I do not understand the rest of your post.
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Reply to lealonnie1
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Can't follow this post.
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Reply to MeDolly
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I am having a very hard time understanding what you are trying to tell us.
You are first of all, I think, saying you are POA for your friend who is in a nursing home, and that your friend is currently missing a valuable ring. I would say if your friend had any dementia and this ting was removable, that it was always in danger in the facility, which as you can imagine cannot be responsible for things not safely locked away.

Then I think you are saying she is wearing three rings that ARE NOT hers. Someone is likely missing them as she is missing her own.
She may have inadvertently picked them up.
Turn them in to administration.

Any assets your friend has are unlikely to sustain her in care, and likely all will go at this time to provide her care. If you are POA and are managing her care, you will have a record of her assets. Take them along with your book keeping to the nursing home and see what is what.

I wish I could more know what you are asking us, but I suggest that you discuss your friends care with the nursing home. If you feel inadequate to manage her care, finances, and keep good records you will need to resign with the help of an attorney. Your friends assets pay her POA for this expert advice.

Sorry for all the problems and am wishing you good luck.
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Reply to AlvaDeer
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Bumping up for answers.
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Reply to NeedHelpWithMom
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