Have read a lot about the ER dump on here. When you do that, are you essentially giving up your rights as POA and the state takes over? Can you continue on as POA after he/she has been placed?
No the state doesn't automatically take over. What you are looking for to happen is the social worker and case manager at the hospital find suitable placement and help apply for LTC Medicaid if needed. This wouldn't affect POA. If you are thinking about sending LO to the ER, it is best to do it tactfully.
I don't see where Social Security or Medicaid has anything to with an ER dump. Its usually done when family can't care for someone after trying to get help. Its a last resort. Family walks away and that is why its called a dump. A SW will take over and find a place for the LO. The State will assign a guardian and that person will contact SS and Medicaid, also have control over any assets the LO has. Will the POA be allowed to be involved, maybe as a family member but IMO you revoke your POA when u dumped the LO.
I think u need to consult with a lawyer to see if an ER dump is allowed in ur State. Maybe as POA you have other options.
If the hospital (or patient) knows you are the PoA, the staff will go to great lengths to get you to be part of the solution, as you should be. Because you are the PoA then the patient is not really dumped: it's just an opportunity to transition the patient directly into a more permanent care solution if they cannot safely return home.
I will assume your PoA is activated at this point (ie meets the requirements set forth in the PoA if it is "springing" which usually requires 1 or 2 diagnoses of impairment). This criteria is not present in a Durable PoA, which goes into effect the moment it is finalized.
Therefore, you should be working with the hospital social worker to figure out where the patient can now go: AL? MC? LTC?
You are the person who is legally managing this patient's affairs, not the county, state or facility. You must be involved in choosing where/how this patient is placed and how they will be paying for it.
It's my understanding that once an ER dump is done it just means that the person being "dumped" is no longer safe to live by themselves and have no one who can properly care for them. The hospital social worker then is responsible to find placement for that person, even though they will try to talk family members into caring for them so you have to stand your ground, and let them do their job. It does not mean that your rights as POA are over, or that the state will take over(unless you want them to). It just means that you see no other option at the time. I wish you well.
From what is described, I guess I did an ER dump in January. My dad fell, my husband could not get him back up, and we had no choice but to call EMS. At the ER we told the doctor that he lived with his 94 y/o wife alone and aside from 8 hours/day of caregiving, there was no one in the house and it was unsafe to discharge him to his home. We worked with the hospital social worker to make the arrangements to get him in rehab under the 80 days of Medicare hoping to get him into LTC..
We, his family, are still heavily involved, we love our parents but their living arrangement was no longer feasible for them and we, their children could no longer handle living life from one crisis to another, it was horrible. You just didn't know when the next catastrophe was going to happen. Not possible to live this way long term.
Dad was transferred to a rehab facility that also has a LTC facility within it. We immediately got an eldercare lawyer involved. We now have signed POAs and health proxies for him and my mom. Because there are minimal assets left which will be blown through in a couple of months of long term care for him and my mother needs to be able to to have care and live in her home too we needed to apply for Medicaid. We are hoping he will be admitted to the LTC unit on Medicaid, not sure how this is going to go yet. I'm on pins and needles.
I believe that social security can answer this and that medicaid rules cover each state - the location of the current, not the permanent, residence that the person is in as to getting benefits. Any family lawyer or even your state offices for such things might know. Be sure to ask someone who will know . Hourly workers can misdirect you and waste a lot of time giving you inaccurate info.
I think u need to consult with a lawyer to see if an ER dump is allowed in ur State. Maybe as POA you have other options.
I will assume your PoA is activated at this point (ie meets the requirements set forth in the PoA if it is "springing" which usually requires 1 or 2 diagnoses of impairment). This criteria is not present in a Durable PoA, which goes into effect the moment it is finalized.
Therefore, you should be working with the hospital social worker to figure out where the patient can now go: AL? MC? LTC?
You are the person who is legally managing this patient's affairs, not the county, state or facility. You must be involved in choosing where/how this patient is placed and how they will be paying for it.
The hospital social worker then is responsible to find placement for that person, even though they will try to talk family members into caring for them so you have to stand your ground, and let them do their job.
It does not mean that your rights as POA are over, or that the state will take over(unless you want them to). It just means that you see no other option at the time.
I wish you well.
We, his family, are still heavily involved, we love our parents but their living arrangement was no longer feasible for them and we, their children could no longer handle living life from one crisis to another, it was horrible. You just didn't know when the next catastrophe was going to happen. Not possible to live this way long term.
Dad was transferred to a rehab facility that also has a LTC facility within it. We immediately got an eldercare lawyer involved. We now have signed POAs and health proxies for him and my mom. Because there are minimal assets left which will be blown through in a couple of months of long term care for him and my mother needs to be able to to have care and live in her home too we needed to apply for Medicaid. We are hoping he will be admitted to the LTC unit on Medicaid, not sure how this is going to go yet. I'm on pins and needles.
Any family lawyer or even your state offices for such things might know. Be sure to ask someone who will know . Hourly workers can misdirect you and waste a lot of time giving you inaccurate info.