Mom's nursing home is filing for guardianship, can I fight this or have the judgement reversed?

MyLady, why do you want guardianship now? I understand perfectly that it isn't for some financial gain. But would it be OK if your mother did become a ward of the state or the NH became her guardian? I think you want what they would want -- to pay her debts as far as possible (which won't be very far on $8,000). And then I imagine that Medicaid will be applied for on her behalf. That seems like a logical next step, and if they are willing to do it it will save you a lot of hassle.

What do you think would be the disadvantage of having the NH take on the guardian role?

I can understand why an NH would need to have someone to make decisions for a resident totally incompetent to make their own decisions. I doubt that you would be successful in fighting that your mother needs a guardian, but you could certainly ask to be considered for guardianship yourself. Consult a lawyer to learn how to get all your ducks in a row and show up at the hearing with your own proposal. Do not wait until a decision is made and then try to get it reversed -- try to influence the decision while it is being made.

My mother is in a nursing home. I am not satisfied with the way they have been taking care of her. My brother and sister are her POA. The nursing home is now taking us to court to obtain guardianship over my mother this includes medical. My problem is that I have been staying on top of them because they have been negligent in my mothers health. Her eyes were infected and no one noticed. Someone took her eyeglasses they didn't notice they gave her someone elses glasses to wear and it took weeks to get a new pair. They keep her so doped up on medication that I am sure that it has contributed o her falling. I asked them not to give her the medication because the medication is very strong and should not be given to patients who have dementia or heart conditions which she has both. I feel they are trying to keep her on theses meds so they don't have to do their job. My question is do they have rights to try to take guardianship if family members are her POA?

My answer was a bit brief. Many times elders feel that they can still handle their own affairs, so put off doing things like making wills and assigning POAs. Some people avoid doing these things because they feel it is like tempting fate. If they don't do them, then they won't die or become disabled. It does cause much difficulty in the end if a parent becomes incapacitated.

From what you write, I believe your primary focus should be on keeping yourself on your feet. It may be that the NH also feels that way. Sometimes things like this can actually be a blessing. Since there are no assets to plunder, the only worry is that they take good care of your mother at the facility. They would not be able to do this for free, which is where Medicaid comes in. I hope that it all turns out well and you'll be able to feel thankful for the NH's help. You will be able to enjoy being with her without worrying about her finances. I know that will be a relief -- it would to me!

Here is the issue I am having about the NH having my mom be declared a ward of the state. Yes they most likely will apply for medicaid and pay her bills that are due, but she has many more bills that are NOT of the medical nature and also are begging to be paid up. Are they also going ask the court to give them control of her Social Security and will they see to it that those non medical bills get paid as well or will they just take her money and do whatever they want with it? The other thing is that what happens when she dies and she is a ward of the state. Do they bury , cremate her or do whatever they want with her remains? Will they take that responsibilty from me to so that I can make sure she gets what I know she wanted in her passing. Like i said, it is NOT about the money, it is about the love, respect I owe and to protect her and what she has left in this life.

Thank you Bhenson, I am relieved abit cause I am glad that the collection agencies can't make me pay my mom's debts. I just barely have enough to live on myself and i cannot afford to have to pay off debts that my mom did in her later years. All her bills and collection agencies are being sent to me since she got sick. I never knew how in debt she was till all this happened. She gave away so much of her income to those Televangelists and neglected to pay her bills and there are so many of them. I thought for sure I was going to be held to the task of trying to settle them. I only get $700+/- per month and simply have no way of doing that.
I have checked around to see if she had any money stashed away somewhere but from all those reciepts that show she gave most of her income to the televangelists I just don't think she had enough money to stashed anywhere because she wasn't even paying her bills. As far as an estate, she didn't even own a home, car or much of anything else. She was living in one of those low income apartments for senior citizens and was barely paying the rent.

I am also relieved that i won't lose control of any decisions considering my mom's health and things. I don't want the NH to have all the say about what is right for her and her family affairs. Although I still have other worries when it comes to thing concerning her. But thank you, you have been a big help. Hugs back to you!!! :)

If you answer all questions on an insurance policy truthfully and they issue a policy there is nothing illegal about that.

Are there any of your mother's funds available to pre-pay a funeral or to buy insurance? I'd use funds for that before paying bills (keeping the funeral costs down as much as possible.) If she has no funds and you can't afford to pay for a funeral, what will happen when she dies? Talk to the NH social worker about this, so you know what to expect.

Alexis - Having her become a ward of the state really is the best situation. If the NH even wants to keep her as a resident at this point in time is, imho, a good sign that this is a caring NH. I have seen this happen at my mom's prior NH to a resident, & it was a most antagonistic situation and the resident was transferred to a NH that was a 2 hr drive away (it had lots of empty beds). I would really, really, really suggest that you develop a good relationship with social services @ the NH so that you are in the loop when your mom's situation is discussed. Most states have a requirement that every 90 days there is a formal "care plan" meeting. There is usually the residents representative (family), a point person from social work dept, dietary & nursing & maybe activities. If they are on hospice, then someone from the hospice group and usually not the hospice daily/weekly person but someone from 1 level above that. There is no real reason for them to exclude you, if it is a good NH, but realize that if she is a ward of the state they legally don't have to. You want to do whatever to be in on these meetings.

I'd like to expand on Jake's comment, when they are on Medicaid, ALL their monthly income (like SS or retirement or annuity, etc) MUST go to the NH except for whatever their state has set as their "personal needs allowance". PNA amount varies by state. My mom is in TX, she get's $ 1880 a mo and her PNA is $ 60 a month, so every month the NH must be paid $ 1,820.00 in order for her to be in compliance with Medicaid. In theory, this PNA is supposed to be used for their needs and items not included in Medicaid reinbursement to the NH. You need to ask the NH how they handle the $ when she is a ward of the state. Some have it where they get their monthly income and the PNA $ goes into a seperate trust fund @ the NH that they draw against like for hairdresser, cable or shopping the staff does (they may allow you to withdraw $ to be reinbursed for items you buy for her if you have receipts ). Or some NH have it where they get a check from the elder's bank account for the required copay @ the NH and you can keep the PNA in their bank account and spend on her as needed on your own AND you can also do an independent trust fund at the NH for their incidentals (this is what I do, mainly to pay for hair salon). If she becomes a ward of the state, the state determines what happens with her PNA $. If you can show a sensible use of the $ to pay for something she needs, then the state can allow that to happen. A burial policy would fall into this category but you have to have the amount be less than her PNA so that she has funds for clothing replacement, hairdresser, etc. So if her PNA is $ 50 a month, and you can find a burial policy at $ 15 a month and provide the documentation on it to the state, they might allow it and the state does an auto-pay for it directly to the insurer or funeral home.

Whatever the case, the key to doing anything will be social services at the NH and having you work with them in a positive way so that they welcome your input.
Good luck and keep a sense of humor.

Trass - it probably is NOT that the NH is seeking guardianship, it is probably more likely that they are going to petition for the court to name a Guardian / Conservator for your mom as a "ward of the state". The NH really doesn't want to be the guardian per se but wants someone they can work with to be the point person in charge of mom's situation. A G/C will supersede the POA. Your mom - as a ward - will have a vetted by the court appointed guardian / conservator. This can be an attorney who specialized in this OR may be a person who has takes courses with continuing ed on G/C and does this as a professional. They know how to do the reporting to the courts; deal with the NH and mom's care plan and other very timeframe oriented items for their ward. Now just because mom is ward, doesn't mean that family is shutout. The G/C wants family input but whatever happens HAS TO BE IN the best interest of the ward. So if family have financial or emotional issues that impact on mom, the G/C can keep family at a distance. All G/C hearing are held in open court by probate judges, so you can & should attend all hearings. If you have a concerns you voice them with whatever documentation to the court too. You can get copies of the required financial & asset report that the G/C does too. Usually the first round, the G/C is named a "temporary G/C" for 6 months and then another hearing held to determine if it should continue permanently. Often family have a short term issue that they can't be POA due to their own health issue (like they are undergoing chemo so they are out for 3 -5 months) so a temporary G/C is ideal.

But for a NH to go to this step with family who is POA and will fight the G/C, it almost always is either that the elder is NOT doing whatever is needed to pay their bill; & family has not stepped up to get whatever documents are needed to complete a Medicaid or Medicare or insurance situation & resolve billing; that family is interfering with the elders care plan. Not to sound harsh, but IF you have been loud or aggressive on your mom's being in your opinion "doped up by the NH", that is going to be an issue for the NH. I would imagine that someone has complained to staff about your behavior & or the staff has found you to be threatening, so the NH has to do something. Going to the G/C is really the nuclear option the NH has and for whatever reason they feel that is the route they have to take with you.

I'd suggest that you calmly & carefully go over your actions the last couple of months @ the NH; go over mom's finances and her co-pay to the NH to make sure no issues with that; and go over her trust fund account to see if it shows that you are doing your duties in taking care of her needs not paid by Medicaid. Often family doesn't do anything with the trust account, NOT GOOD, as it shows lack of concern which can be brought up in a G/C hearing. Simple way to do this is to establish a regular session @ the beauty salon for mom. Really if you can, dial it back a bit & review your actions to see what's there that would warrant a G/C.

I want to thank everyone for their helpful answers to my question about my mom and the situation she and i face. I will be making arrangements to speak with the social services at the NH where she is. Again thank you all.