my mom has 6 herniated discs in her lower back and cannot stand or walk on her own. she is incontinent due to the nerve damage in her spine. she is obese and cannot be moved by normal means. she was in a nursing home for 3 weeks until medicaid dropped her due to their demanding proof of a bank account statement from a 6year old closed bank account being closed. mon cannot go to the bank or anywhere else. cant be moved. so far even with power of attorney the bank refuses to give us this statement so we can get her medicaid back on track. the nursing home evicted her yesterday on xmas eve trying to force her home with no medical bed, no wheelchair or her 19+ medications. we had her sent to the ER where she is now being treated for kidney damage due to all the meds. the hospital wants us to sign diacharge paperwork days ahead of her actual release and we still wont have what she needs because its the holidays and cant get assistance. can the hoapital force her out when she cant stand, walk, hold bladder, bowels, in need of spine surgeries and half blind in need of laser eye surgery as well? she has to be moved with a power lift in nursing home. we have to have these things or repaired medicaid to get her in a nursing home. she needs medical care that we cant provide. medicaid and the bank absolutely do not care
If there is no POA to date do not accept POA (and if her bank won't accept your POA then you HAVE NO POA), guardianship or conservatorship.
Call APS and notify them of attempted "UNSAFE DISCHARGE" and be certain to use those words.
Do not accept her into your home.
If they discharge her alone to her home call an ambulance and have her transported to hospital.
Whatever the Medicaid and financial facts are, this woman, obese and with these discs is NOT SAFE AT HOME, and they legally cannot evict her to no care UNLESS you accept care of her and take her. DO NOT DO THAT.
Tell the place you are physically, mentally, intellectually, emotionally unable to care for this ill woman in the home. Tell them you will not accept responsibility for her and that they must contact the state for guardianship of her.
Now, no one here can conceivably understand what has happened with her assets.
Clearly they suspect something wrong.
You say: "3 weeks until medicaid dropped her due to their demanding proof of a bank account statement from a 6year old closed bank account being closed."
Sorry. That sentence makes no sense.
And if you do have a good POA it is illegal to ignore it. If it is ignored that is because it isn't a properly drawn POA done by an attorney. GOOD! Then there is no POA and you can tell them the bank said so.
DO NOT SIGN PAPERS. That is accepting a care plan and responsibility and this isn't care you can do.
Your next trip sadly must be to an elder law attorney.
If your Mom is competent mentally send her a letter of resignation of POA telling her she will need guardianship of the state as banks will not recognize your POA.
If you
1. Refuse to sign
2. Refuse to accept her discharge or speak with them about it
3. Tell them to go to the state for guardianship and you don't care how they manage it because your POA is, you are told, WORTHLESS
4. That you will send her back to hospital by ambulance if they discharge her, as a senior at risk as you cannot care for her
Then they will have to do the literal heavy lifting.
I don't see HOW you can be expected to do it.
As to this back surgery in someone overweight? I cannot imagine the RISKS involved. Sadly, this weight on a back in this condition can kill.
This is beyond your families ability to care for.
So not deal with them or speak with them or sign anything.
Then THEY will have to do the work they are paid to do.
I'm confused about Medicaid wanting 6 yrs prior banking statements as I've never heard of a look-back in any state longer than 5 years. You may need to physically go to that bank with your PoA paperwork and go through their vetting process to gain access to those records. I've had to do this at all 3 of my LO's banks in order to be allowed to manage their accounts.
If you have already spoken to a Medicaid rep on the phone and still not making headway with your Mom's old bank, then I think you don't have any other choice but to find an elder law attorney who is experienced with the Medicaid app process to help you.
another turn of events is that the hospital she was transferred to, changed their tune after they found she was suffering kidney damage from overuse of nsaids for chronic pain, this is already in remission since they caught it and they are talking surgery on her herniated disc. the doctors deny ever bringing up anything about signing a discharge