A family member who has falsified Power of attorney/health papers has taken control of an elderly family member and has sold all their belongings including their family home and put them in a long term care facility I went to visit them and she doesn't even know her home was sold she thinks she is there just temporarily the alleged abuser has told her she is just there to get some physical therapy but she is there for the long term there is no home to go back to and I also believe this alleged abuser has used the money that was left to the elderly family member by their brother in a will the abuser is using the family members name to purchase things. I have tried to contact APS and they said they were going to look into it and when I called them back I was repeatedly told that because they are in a long term care facility they cannot look into these allegations and told to contact a lawyer and pay for a lawyer to look into it, and by the facility and section of that facility they were left in I believe it is being covered by Medicare/Medicaid and she had enough money to be taken care of very well in a Senior living facility for the rest of her life so I know the alleged abuser told the facility the elderly family member had no money which is a lie. How do you protect someone when even APS doesn't want to investigate it?

There is a system in place here. A POA usually is given the ability to sell property when the principle is no longer competent. If POA is immediate their responsibility starts when the principle signs the paper. If Springing, a Doctor or two has to say the person is incompetent. A POA needs a Notary and a witness. I just looked at my States on-line form and its pretty complete. It requires a Witness and Notary.

To sell a house that you do not own, you need to show that you have POA that gives you the ability to sell the principles house.

I doubt if this POA is making anything financially off the principle. NH care cost at least 10k a month. It had to be found that the principle needed 24/7 care especially if getting Medicaid. You just don't throw someone into a NH. A doctor has to sign off they need the care.

If on Medicaid, they had no money to pay for their care. If not on Medicaid, the POA has to use what money the principle has to pay for their care. Like said, when Medicaid is needed there is a five yr financial look back. If POA is taking any money personally, it will be found by Medicaid. POA has to say the assigned gets reimbursed for what they do.

You can try a lawyer asking for an accounting from the POA but that is going to cost you. Are you the only one protesting this? If not, maybe u can hire a lawyer together. A POA does not have to show anyone the records they keep for the principle. So, a lawyer maybe needed to request it.
Helpful Answer (2)
Reply to JoAnn29

Are you taking the word of the person in the facility? You need to verify what they are saying before you take one step further.
Helpful Answer (3)
Reply to lkdrymom

worried4them, we really need more information about the relative in this posting. What were the health concerns? Is there Alzheimer's/Dementia involved? Falling issues?

You also mentioned "their property" and "placed them into skilled nursing" so is there more than just one person in Skilled Nursing?

Where did the relative(s) live prior to going into Skilled Nursing facility? Did family help her and the other person? If yes, caregiving can be extremely exhausting especially if the grown children themselves were also seniors. Been there, done that. Have you been able to help out in your relative(s) care? If not, unless you've been with them 24/7 for any length of time, it is hard to imagine all the care that is needed.

Did the relative(s) hire caregivers? If yes, caregivers are very expensive. It was costing my Dad $20,000 per month, yes per month, to have 3 shifts of caregivers helping him at home.

My Mom lived in a Skilled Nursing Home. It was costing Dad $12k per month for Mom to be living there. She needed a village to help her due to her medical issues.

My Dad later sold their house and used the equity to help pay for all the costs. Dad moved into senior living as keeping a house empty is expensive. Thankfully the house had no mortgage. But there still was monthly utilities, twice a year real estate tax, homeowners insurance [more expensive if house is empty], lawn maintenance, and yes there can be problems with a house even if empty.

Take some time and gather facts so you can show proof [on paper] that the other family members were stealing from the elder(s) should you need to present to an Elder Law Attorney or APS.
Helpful Answer (2)
Reply to freqflyer

Power-of-Attorney is not easily falsified, and the agency involved would scrutinize the document carefully. It is not unusual for an elderly person not to know what has been done on her behalf when she is no longer to take care of her own affairs. Frankly, I think you're barking up a tree with no leaves.
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Reply to Fawnby

Worried, you do realize that Long term care facilities cost many thousands of dollars a month, and if a resident is approved for Medicaid, and is in a facility covered by Medicaid, that means her financial records were scrutinized over the last 5 years for any signs of financial misuse or abuse. It is highly unlikely your family member could have succeeded in cheating the system and got past the Medicaid approval process. What proof do you have for your allegations?
Helpful Answer (4)
Reply to mstrbill

For NH aka skilled nursing facility, if it’s shared rooms there is no segregation of private pay vs those on LTC insurance or LTC Medicaid.
Facilities have a mix of type of payments for their custodial costs and all the elders will be on Medicare as that’s a health insurance for over age 65. Like the physician visits & gait training at the NH for custodial care residents are being billed in some way to Medicare while thier room&board are paid by LTC Medicaid.

Tends to b 20/30% are in via a post hospitalization discharge to rehab as a patient at the place & this is Medicare coverage. Abt 50/75% of Nh beds are custodial care on LTC Medicaid residents.

SNF can run 7K- 20K a month. It all depends on where the facility is & what level of care she needs.

Not that I’m defending the POA but often well meaning family have no idea of the horrendous costs of care and upkeep on property and RX costs. Add to this if the elder has dementia and isn’t really cognitive or competent enough to really know what’s what to be accurate as to what they spent $ on b4 entering a facility. LTC Medicaid has a pretty involved application system with years of financials and medical history required to be submitted. It all gets reviewed. State caseworker can in a few keystrokes find out in details info on all real property owned by the elder. Stuff will surface if it’s hinky. LTC Medicaid finds and places transfer penalties if somethings amiss, as they aren’t playin’.

APS closed the case as they know LTC Medicaid application & eligibility system went into the elders assets & income. If is it was ok for the State LTC Medicaid system their (APS) not going to waste staff time. Elder receiving 25/7 care so no abuse on that front.

but APS is 100% right that if you want to persue this, then you retain an attorney. & you do this to file for to you to have guardianship over the elder. An attorney that does forensic work in thier practice as well as guardianship would be ideal as financials have to be researched out & for years. You have to be proactive on this and pay out of your own purse for this no matter what the end result is.
Helpful Answer (4)
Reply to igloo572

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