Hello, Mom with dementia has been declared unable to sign anything. No POA. Medicaid is still pending but close I believe. I am helping from long distance.
Her NH has sent bills and is looking for payment. They want to get the NAMI payment from her pensions which I thought would happen when she gets on Medicaid. She has less than the NY limit in her checking and savings account.
Her pensions are in Fidelity and Vanguard. The NH wants permission to access to her bank account. This seems shaky as they need to access her pension accounts, not her bank account?
I have not given permission and the document they sent wants me to be responsible for her bill.
Should I wait for Medicaid to start? Do they need to access her bank account?
Thanks.
I have been working with her local SSA contact who is setting up her Medicaid for well over a year. The communication has been very hard. I do not know if she is officially on Medicaid yet and her NH apparently does not either.
I am not authorized to access any of her accounts but I do have access to some of them and her permission. I am trying to protect her bank account which I thought she could keep intact.
Can payments be made from her Roth IRA or Investment account to cover bills and any payments Medicaid wont retro cover.
I apologize for my confusion. Right now life is horrible without this mess and her upcoming taxes.
Ken
there is no way for me or her to access her pensions without contacting the institutions an having her involved. I tried with SSA and she cant deal with her end. Currently the bills are not paid as the NH said they would be retro handled by Medicaid. I got a letter a week ago indicating her SSA will be directed to the NH. I assume they or Medicaid will do the same with her pensions. Otherwise there is no one who can access her accounts right now.
I allowed the NH to be payee for my Mom. They contacted Social Security and the companies holding Moms pension. I had nothing to do with it. As POA I just signed that they had my permission. I would not give them bank info. I was never asked for that. Don't sign anything making you financially responsible. Not even a POA should do this.
The NH was in the letter head:
ADM Willow Point NRSG
HM for XXXXXXX XXXXXX (mom)
NH Address.
The letter said "We have chosen you to be her representative payee. "
They stated that her benefit has changed to $2000+ per month.
Then the last section said they will pay $15,000 March 4 2026 and 2,104 for Feb. I have no idea who they are referring to. I am never named in the SSA document.
Her local social service examiner is handling her Medicaid application and has been impossible to get ahold of.
I have access to her bank account but not her pension or SSA. I am trying to avoid having funds taken from her bank account as it was spent down below NY's limit.
Is it safe to assume her bills will be paid by using her SSA + Pensions??
Thanks.
Im also trying to pull together her tax info before doing my own Ugggg.
there is no way for me or her to access her pensions without contacting the institutions an having her involved. I tried with SSA and she cant deal with her end. Currently the bills are not paid as the NH said they would be retro handled by Medicaid. I got a letter a week ago indicating her SSA will be directed to the NH. I assume they or Medicaid will do the same with her pensions. Otherwise there is no one who can access her accounts right now.
The only bills Medicaid will retro pay is the difference between The portion your mother income is going to be directed to the NH and the Medicaid monthly LTC rate. They are not involved with dealing with personal accounts of the patient.
I wouldn't assume anything. You need to discuss with the NH if they allow it. But, dent sign anything assuming financial responsibility.
Who completed the application? Where you involved with any of the process? This process is so much more complicated because you are not POA and not local. I imagine Very stressful for you.
Since there is no one with POA or able to legally access her accounts the NH can petition to become guardian. Or, your mother can give permission for the nursing home to have payments directly paid from her accounts. Again Medicaid, to my knowledge, is not involved with accessing private accounts.
The NH is entitled to be paid the patient portion during the pending phase and that is what they are attempting to do. Because no one but your mother has access to the accounts is problematic for you and the nursing home.
I hired an attorney and a tax accountant in my town and they found reputable equivalents in the other town and worked with them jointly. I paid both out of parent’s account. None of it is easy or fun. And, maybe I ended up paying more that way. But I got those phases accomplished.
good luck!!
Are her pension payments direct deposited to a checking/savings account? If not that can be the reason. I would NOT give them access to the account IMO.
In NYS the resident on Medicaid LTC will have to pay all her monthly income less $50 personal allowance fund. This is the NAMI amount you will see on the approval letter she receives. The difference between her income amd the Medicaid LTC rate will be paid through the states program. During the pending phase the patient is still responsible for the patient portion AKA monthly income received less the $50 personal allowance. Do you have a copy of the sheet that details the income to confirm the income details?
I am assuming the POA will be difficult due to dementia diagnosis. Did she assign a joint or authorized signer on any of her bank accounts or pensions? If not that may be the risk that is prompting this request.
It is a long process for sure. As long as you are paying the patient portion responsibility there should be no issue. Good luck.
One main question is, shouldn't the NH access her pensions from the pension companies Fidelity and Vanguard and stay out of her Bank account for their NAMI payments?
Here is the AI answer:
It is generally legal for nursing homes to manage resident funds, but they cannot legally seize assets or force residents to give them control over personal bank accounts. Residents have the right to manage their own financial affairs, and any facility management of funds requires explicit, written authorization and separate, secured accounts.
Key points regarding nursing home access to accounts:
Voluntary Trust Funds: Nursing homes must offer, but cannot force, a resident to deposit money into a resident trust fund.
Authorization Needed: The home cannot access a resident’s personal bank account without express written permission.
Separation of Funds: The facility must keep resident funds separate from the home’s operating funds.
Accountability: Nursing homes must provide regular statements and a full accounting of all transactions.
Prohibited Third-Party Guarantees: Nursing homes cannot force family members to be personally responsible for costs or sign away access to their own money to secure a resident’s admission.
(Consumerfinance.gov)
If a resident cannot manage their own finances, this responsibility should fall to a legal representative, such as a Power of Attorney (POA), not the nursing home facility itself. If financial abuse is suspected, contact the long-term care ombudsman or the Federal Trade Commission.
This also answers your question about being held responsible for moms bills and rent.
Medicaid normally pays them in arrears. Don't let them strong arm you.