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If in Rehab 8k seems about right for the amount of time she has been in the facility. IME, supplimentals rarely pay the 50% that Medicare doesn't after 20 days.
The other problem is the place she has been residing in. That is a problem we cannot solve. OP needs a lawyer to sort that out.
To OP, just had a thought, the facility that Mom is living in is not responsible for her care in Rehab unless that was in a agreement her husband made with the facility when he donated the money. The only time she may not be responsible for the bill is if she had Medicaid for her medical or she was on Medicaid in LTC.
If you are her financial POA and she is incapacitated, you are responsible for administering her money to pay her bills and expenses. You are also responsible for taking care of other business matters pertaining to assets like real estate, bank accounts, or insurance policies.
Any and every document you have to sign on behalf of your mother, sign your name with the letters POA after it. Always make sure POA follows your name on everything.
You DO NOT SIGN ANY document at the nursing home or rehab with your name only or ANY documents that you haven't read thoroughly.
If there is a document they want you to sign that you don't understand, tell them that you will have a lawyer look over it first and you will return it to them.
It is your right as POA to be billed monthly (as in a written bill) for your mother's LTC facility bill. You can pay them by bank or cashier's check if you don't want them having her account and routing numbers.
Before you pay any bills, check and see what Medicare has paid. A care facility will always try to collect it in cash from a resident even if insurance paid in full. Make sure you always check this. Then you pay them only what they are owed.
If Mom cannot pay for her independent living facility, your going to have to place her somewhere that takes Medicaid, move her in with you or pay out of your own pocket. We cannot help you sort out the donation of 700k. We are not lawyers.
This is a lawyer thing. I would hope her husband had an agreement written up by a lawyer on why this money was donated. Did he have a guarantee that the facility would care for her till she died. Was that money put in an interest bearing account? How was this all set up?
My Mom passed 7 years ago. The cost of the LTC she was in was 10k a month. Thats 120k a year. That 700k would only last about 5 years now. She has been in the facility for 20 years? Maybe she has gone thru that 700k?
Facilities change hands and in doing that original agreements may go by the wayside. You need to prove that by donating that money, Mom was guarenteed a lifetime of care. Then your problem is if there are new owners, are they legally obligated to uphold that agreement. The cost for private care has risen a lot in 20 yrs.
Being a licenced facility has nothing to do with how they run their business. That just means the State comes in and inspects them To make sure residents are being well taken care of. The building is being kept up. Medication is being dispensed correctly, etc. But the state has nothing to do with them keeping or not keeping a resident.
Her and husband (now dead for 15 years) have been using the same lawyer for 20 years. I just spoke with this lawyer who said they can't locate the records of his $500,000 gift even after looking in their archives. Their accountant (also used for about 20 years) said the only records are the large $125k deductions mom claimed the years after her husband's gift.
Any ideas on where else this $500k donation could be documented and obtained ?
Also, when her husband died in 2009 she was disinherited (texas is the only state that allows a spouse to do this) since his brother (who had absolute contempt for mom) was named executor of the will. It was a really ugly situation that I had hoped would never need to be rehashed again, but here we are.
"She has been living at this same complex 100% independently for the last 20 years. Her dead husband gifted this same complex $700,000 before he died about 15 years ago with intention that she would never have to go through a financial nightmare like this."
We are a Forum of strangers from around the world. When things become as complex and convoluted as the above information I am afraid we would be absolutely helpless in having any clue what happened, why it happened, and what to do about it.
You tell us you are seeing an attorney. That's great. I would follow the advice of an attorney in your area.
Dr. Laura has an expression I quote on Forum often: "Not everything can be fixed". Sadly, that is often the case.
Wishing you good luck.
It's too bad you're in such a predicament and I hope you can resolve it asap.
Some States have Medicaid vouchers where they can get placed into an Assisted Living. Yes Medicare only has intermittent care. And Medicaid has limited hours in their in home program. If Mom needs 24/7 care and can't afford to pay privately her only option is Medicaid or you caring for her. Its going to be hard to find a personal care home for under 5k.
There should be a Social Worker at this facility. Talk to that person about what you would like to do. They should be able to tell you what type of facilities are near you.
POA never has responsibility if they are signing correctly. Be certain that the current POA knows how to sign as POA. That is with the patient/client name, apostrophe, then the POA name with an added "as POA".
The client is responsible for bills. If there's no money they can't be paid. However, a suit can occur in which there is a judgement for payment, and later, when a home is sold as part of estate, that judgement must be paid.
Be certain that all insurance papers are in and etc. Why is this SNF not Medicare paid now? Is the SNF stay over the paid by Medicare time? The POA needs to check on all of that as well.
Good luck!
That the NH participates in LTC Medicaid and that they have an open LTC Medicaid Pending bed is very important. That they were placed as a rehab patient is also kinda important as those medical records factor in as to when billing switches out.
Has all this been done?
per the SK she is currently in " is a personal care assisted service, licensed by the Texas Department of Health and Human Services. It is a private duty non-medical home health provider. Unfortunately, personal care services are private pay only. Medicare/Medicaid/Private health insurances do not pay for this service line. There are medical home health providers which is covered by insurance but is limited in scope, it is not used for daily or multiple times a day assistance with activities of daily living."
If you signed the financial responsibility documents *as yourself*, then you may be responsible for them as I understand it.