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I was told by the nursing home that I had to sign my mother's check over to them. Which I have not I've been told by a lawyer that I don't have to that all I have to do is give them the $52 a month allowance and pay for any bills or anything that my mother needs they haven't bothered me about this anymore but it bugs me I don't know who to listen to the nursing home or to a lawyer. And at this point I have been paying them the $52 a month and I've been buying my mother everything she needs and clothing and so forth and so should I turn over her social security check to them or should I listen to the lawyer and just keep paying the $52 a month and pay any bills that come up that has to be paid cuz of what the rest of her money I buy all her clothing all her hygiene products and her Medicare and Medicaid pays for her to stay in the nursing home so I just need to know some information that maybe you can tell me because according to them the nursing home I have to turn it over to them and they just give her $52 a month allowance and they keep the rest of the money to do whatever they want with it which I don't think is right and I have been paying the $52 a month for her to have an allowance and I've been buying her her clothing and everything else she needs and I've been paying any bills ahead comes up and like I said she does have Medicare and Medicaid that pays the facility to keep her there my mother has Alzheimer's and dementia and I know they cannot get her to sign it over because of that and like I said I've had a few. Lawyers tell me I don't have to but then I've had some say that I do so I don't understand it and social security won't give me no help with it because my mother can't give permission to them and I explain to them that she has Alzheimer's and dementia and doesn't remember anything that she's saying even though I am her payee I don't understand why social security can't help me but maybe you guys can please respond back as soon as you can thank you

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I would love to hear from the OP to see if she/he got this straightened out.
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We all have to realize that we don't go into Caring knowing all the ins and outs. This forum kept me from making mistakes when applying for Medicaid. Seems the OP did go to a lawyer and either was given wrong info or misunderstood what was being said. They now know the NH is correct.

When we are planning our retirement, Medicaid needs to be looked at too so we plan around it. I did not even know the difference between Medicare and Medicaid till I had to deal with it before I was retired.

My boss was making a speech about why the Visiting Nurses needed to stay open to a committee. Main reason, Medicare does not pay for everything. After her speach was over, the one committee man said "Medicare will pay". He was about 50 at the time and is 2 yrs from Medicare now. Hope he is more aware of what Medicare does and doesn't cover.
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WearyJanie Jun 2023
All so true! I don’t think many people look at things like Medicaid until they are forced to by circumstances. And then it’s an emergency. Like many, I thought Medicaid was a program only for the poor. I’m in my 60s, and the whole concept of “nursing homes” and all in that category is pretty new in my generation . Honestly it is all really hard to grasp. No judgement coming from me towards those who don’t know better! I was TOTALLY on my own to figure out how to go forward; SO glad I found this forum.
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Not to be harsh.. why would a nursing home charge only $52 for board and care… while hundreds of dollars goes where? Logic says this is off.. have you seen a lawyer? If not , maybe call your county office of aged and disabilities, they may be able to shine some light in a general sense..
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How long has your mother been in the NH? What have you been doing with her SS check?
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One more comment to add to what is here—you mention “lawyers” who have given you conflicting information about what you can do. Am I correct that you have not actually consulted a real elder care attorney? Please do not take off-the-cuff advice from friends as legal council. I hope you have not spent the money from your mother’s checks, but if you have you need to retain a lawyer pronto and get direction about what you should do. Many lawyers will do an initial consultation for free—mine did. You will probably get all the information you need in that initial meeting. Talke someone with you as “extra ears” to make sure you understand correctly how to proceed. I wish you well!
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I think u misunderstood the lawyer. If your Mom is receiving Medicaid, her Social Security all goes to the NH, except $52. That is called a Personal Needs Allow. Medicaid payment is based on how much your Mom has in SS. And if there is a pension, they get that too. Any bills Mom has, go unpaid. If she has a home, it will need to be sold because there is no money for upkeep. When it sells (at Market Rate), Medicaid stops and the proceeds go to her care. When they are gone, then Medicaid will start back up. IMO the lawyer should have explained all of this.

If you lived with her and cared for her at least 2 yrs, you can file for a Caregiver Allowance, remain in the home, but you may have to prove you can pay the bills and upkeep.

So if the NH is telling you to pay them Moms SS they are correct. You either write a check for the amount of SS (and any pension) and keep out $52 or let the NH become payee and let them set up a Personal Needs Acct for the $52.

Medicare does not pay for Moms care. It pays for her healthcare. Medicaid pays for her care and the 20% Medicare does not pay. In my State prescriptions, dental and vision are included. I am so sorry but u probably have a large amount due the NH. You really need an Elder Lawyer when dealing with Medicaid.
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Wow, like the others said, the nursing home is owed all of the money from mom's SS check each month EXCEPT the $52 which is allotted for mom's personal needs. You very likely will get sued at some point by the nursing home for all of the months mom has been there under Medicaid. You owe the NH the amount of the SS check less $52 every month she is there under Medicaid.
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Your Mother's Social Security Check goes to the Nursing Home, Tiffany. You have likely misunderstood your attorney.
If you KEEP this money as payee you could easily end up arrested and prosecuted for fraud.
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Mind-boggling that OP didn't have a clue.
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MeDolly Jun 2023
Regular happening here, seems like many do not do their homework before a LO is placed.
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You likely also owe back pay to them from how many months you didn’t sign the check over to them. Sorry to be the bearer of bad news
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The taxpayers aren't going to pay the bill so you can spend her Medicaid money on whatever you want lol.
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southernwave Jun 2023
How do I do paragraphs ? I type it out and it has paragraphs but it posts without paragraphs, thanks
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Who exactly do you think is supposed to pay for her Medicaid care?

The answer is she is from her monthly SS check, if the home doesn't get paid then your mother will be out on the street and trust me it will happen.

Of her check she gets to keep the $52 per month, everything else goes to the home. That pays for her room and board. It is not free. There is NOTHING unfair about this.

The attorney is assuming that your mothers SS check is being paid to the home, which obviously it is not.

You keep withholding payment and watch what will happen, it won't be pretty.
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A Mom on LTC Medicaid owes the NH almost all her SS income.

Here’s why: Your mom is on LTC Medicaid program, and it has a copay or SOC / share of cost requirement. The amount of the copay is determined by the State; and mom or you as POA should have gotten a determination letter from the State on the exact $ amount due to the NH based on your moms monthly income (like her SS $ and other retirements or pension). Copay MUST BE PAID otherwise she will be out of compliance for her Medicaid eligibility. & the NH can notify the Medicaid caseworker on this and your mom gets suspended from Medicaid. This is serious stuff… you do NOT want to go there and have this happen.

the only $ an elder will be able to keep each month will be whatever her State has as it’s PNA / personal needs allowance. Most States has PNA in the $50 - $70 a month range. PNA really is designed to pay for onsite beauty shoppe and minimal clothing and toiletries replacement. If elder needs to pay for cable, in room phone, needs whole new set of clothing, wants iPad or cell phone, or other stuff not included in what Medicaid provides for, that PNA won’t ever be enough $ so family ends up buying these things as needed from their own wallet or purse and WITHOUT expectation of reimbursement. Or elder does without.

I bet that $52 is her PNA. If so it’s being set into its own trust account at the NH to pay for incidentals. It is not her required copay.

She still has to do the copay. let’s say your mom gets $1987.00 a mo SS. And SS is her only source of income. Her States PNA is $52.00 a mo. So $1,935 that must be paid to the NH. 1987 - 52 = 1935 & is required for mom to be compliant for the terms of her participation in LTC Medicaid program. This, I bet, is not happening for your moms monthly income. This is what the NH needs for you to do and pay. If this has been going along for months, the amount due to the Nh will be significant. If you cannot pay it all in full ASAP, speak with billing at the NH to come up with a payment plan. & next month and every other month thereafter, pay the $ due to the Nh.

If you insist on keeping her SS income, the NH will have to notify Medicaid for non compliance and probably will contact APS to come in and evaluate situation so that APS can request a ward of the state action to be done on mom. Ward of the State will remove you entirely from any decision making and any financial oversight on mom. Medicaid can revoke her eligibility. This is serious stuff, you do not want to go there, so do the copay and work with the NH to settle her bill.
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