Follow
Share

I have my father on full Medicaid with very few extra expenses. He is in a wheelchair with FTL Dementia. i am suspect of what my brother is doing with the social security payouts to my father. Is it within my rights to request seeing the bank checking account statements?

Find Care & Housing
Nope, no right to see anything.

My MIL is on Medicaid. Her SS check gets directly deposited into her checking account from the SSA. Then, her facility auto withdraws it's payment from same account. When on Medicaid, the recipient is allowed to keep a small amount each month, but this differs by state. In our state MIL is allowed to keep $120 every month.

What is happening that you think your brother isn't handling the "social security payouts" properly? He's probably not even touching it or else the Medicaid would stop. If you're getting information from your Father, who has dementia, please consider that the info is not accurate. Often people with dementia go through a phase of paranoia (my Mom does occassionally and accuses me of stealing from her).
Helpful Answer (1)
Reply to Geaton777
Report

Sorry, brother does not have to show you Dads finances as said. I am pretty sure his SS is going to the NH. Thats the agreement that has been made with Medicaid. I think a member said that the SS has to be paid first before Medicaid pays.

If Medicaid is paying for Dads care, he has no money. He had to spend down to the asset cap allowed, my State 2k. If he has a home, that is an exempt asset until he passes and then Medicaid can try and recover by putting a lien on it.

As Medical POA your responsibility is to make sure Dads wishes are carried out. If something comes up he did not list in the POA, then you make the decision. You can talk to doctors and staff.
Helpful Answer (1)
Reply to JoAnn29
Report

No you do not.
If your father is on Medicaid then his SS is going already to pay for his nursing home. You do not have a right to either get medicaid for him or not; that is for the general POA to get and to manage. You have only a right to make medical decisions. Not even placement decisions are yours. They belong to the general POA. Your nursing home will know EXACTLY what Dad has and where it is going, and if he is on Medicaid then he has virtually nothing.

Your POA serves only for medical decision, and only for your Dad being unable to make them.
A regular general POA overrides everything and manages finances absolutely privately. You cannot choose anything but medical treatment. And if you choose some non covered expensive medical treatment the general POA is well able legally to tell you simply "Sorry; we haven't funds for that" or "sorry; I am responsible to manage and ecomomize funds for him and this isn't a good choice."

It is a terribly sad thing when a parent puts one child on as general POA and another as MPOA. But as the latter know that the POA trumps your decisions.
Helpful Answer (0)
Reply to AlvaDeer
Report

Ask a Question
Subscribe to
Our Newsletter