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My Significant other is 55 and was placed in a Nursing home / rehabilitation center, after he suffered from a horrible stroke due to a ruptured brain aneurysm. The facility petitioned me to court because they would like to become his legal guardian and payee. Even though I was already approved and am now his payee. Is this part of a policy they have to abide? They make me feel like I am doing wrong because I want to take care of my significant other of 16 years we have a child as well together who is now 15 years old. I don’t understand why it’s so important to them or why they are going this far. They are a for profit facility. So could that be why?

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It doesn’t sound good. If it is going to court, I’d suggest that you get a lawyer to represent you. They will have one, for sure, and you may get railroaded because you don’t know exactly how to handle it.
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Of more concern to me even than the representative payee, which they could be doing so as to get what Social Security they can, and other funds paid directly to them (which is hard to undo if you change facility) is that they want legal guardianship? THAT is truly a concern, and if that is the case you need to see a Lawyer now, imho. YOU need to be appointed as his legal guardian and conservator if you are able and if you had a stable long standing relationship with comingled assets. What sort of "significant other" are you. You are not married, but are you legal domestic partners? That gives you some powers in a state you don't have with federal. Who placed you significant other in care? Was that you? Another family member? Will the other family member attempt to get guardianship? Will members of his family request the state to be his guardian? Is your child your partner's child, and is that on the birth certificate? There are lots of questions here need answering in this dire situation, and quite honestly I think a lawyer in your state is the only one to answer it.
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Do not give up being payee, they will have total control of the funds. Be careful!! Consult an elder attorney.
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It's presumably because they would rather be certain that his bills will be paid, if that's what you mean. I expect most nursing home managers would be able to tell you of residents' families suddenly deciding there are more pressing things to do with their loved ones' money than pay their care fees, and then the nursing home is right up a gum tree. So, I expect it's not so much that they're for profit, as that they're downright anti when it comes to risking loss.
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Isthisrealyreal Aug 2020
Then why go after guardianship?

Seems very odd and I think there is more to the situation.

Unfortunately some facilities lack any scruples at all and they will go after guardianship and rep payee to steal any assets available, it's pretty common. They can charge extra for "guardian" activities and I believe that it is a conflict of interest and any judge granting it should be prosecuted for facilitating this kind of crime.
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Dear "sbDreaming,"

Something sounds "fishy" to me and I wouldn't "do" or "sign" anything over to this nursing home until you get your questions answered preferably by an Elder Law Attorney.

I am my mom's P.O.A. for everything as well as a Representative Payee on a separate Social Security Checking Account which I was told to set up by the S.S. Office in order to pay all my mom's rent payments from. She has lived in two different facilities and I won't even allow them to have any checking account information for them to do an automatic withdrawal/deposit into their account for monthly rent payments. No way - they will just have to accept the "personal checks" I write each month. I've never had a problem anyway but see, what would happen if some staff employee were to either accidentally or intentionally get access to my mom's banking information? Her account could be wiped out in an instant and then I'd have a big mess on my hands trying to get it resolved.

With this NH/rehab center, I would have lost my trust in them and wonder if anything else they are doing/not doing is up to snuff.
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They want to ensure they will get paid. Simple as that. In their view, you are not married or a blood relative which makes it even more risky you would decide one day not to pay his monthly fee. I'm not saying you would ever think of doing that, its just that others in your situation might.
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BurntCaregiver Aug 2020
They are greedy bloodsuckers who will take what they aren't even owed simply because they can if you let them have access to a bank account. Nursing homes also bill and if they have direct access to a patient's account, a month in advance. So if a person's loved one dies on the first of the month, the nursing home not only collects their full monthly fee (which is usually ranging from $8,000 to $12,000 a month if you're cash paying)for the last month the resident was there and for the one after they've passed away. Never let a nursing home have direct access to one penny of a bank account.
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The same thing happened to me with my father even though I had his POA and health decision documentation done with a lawyer long before. There is no part of the nursing home "policy" that says they have to be the payee and have direct access to a patient's money. The reason why they always want to be able to withdraw from a bank account is because there are times when insurance is paying, but the greedy bloodsuckers that they are want more. Like with my father. He was old and on Medicare. He was also in and out of the hospital when he was in the nursing home. In such case if the patient is in the hospital 3 days or more and they have Medicare days left for the year, then Medicare pays for them in the nursing home on those days. The nursing home was trying to charge full price for the times he was in the hospital. No way. I insisted on being sent a written bill from them every month. You should too. Only pay what they are owed in writing. They will likely try to get conservatorship over your partner too. Do not allow that. Insist on a written bill every month, only pay what's owed for that month, and do not allow them to try and get conservatorship. You would do well to petition the probate court in your state now to become his appointed conservator. A conservator is different than just a POA. It's higher and cannot be questioned.
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OK, after reading the other responses, I see I may be wrong given there is a child involved. The only thing though, if he is on Medicaid, the NH is going to demand a portion of the SSDI check every month. Usually it is all of it save a small personal needs allowance. I do not know how the child or child support affects that. OP should hire a lawyer as I don't think the NH will stand for not getting paid what they are due out of the disability check every month.
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worriedinCali Aug 2020
If he’s on SSDI and has a minor child, the child gets its own payment from SSDI. The facility takes the parents entire SSDI check.
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I’m my LO’s representative payee, but our situation was totally uncomplicated- the check is all deposited into Lo’s care account, all bills are paid from it.

In your situation I would find the best disability lawyer you could find and have that person take your case on.

I don’t necessarily go right to “greedy care center” but it does seem as though they’re comfortable going after any loophole to get at funds that might legally be distributed to others involved.

Good luck. Be “water on stone” for yourself and your child.
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I handed over payee to Moms NH. Once that was done, they received the money directly from Social Security. There was no electronic withdrawl from Moms bank account. And as Worried replied to another post, the child's SS check is separate from the fathers.

What this all comes down to is OP has no say in SOs care unless she holds POA. Without that, she can sign nothing or file for anything. If his illness is recent, probably has not even considered disability. That is probably why NH is filing for guardianship. No one to handle things fot this man.

OP needs a lawyer for no other reason than to protect her assets and her son. Because if NH gets guardianship OP will lose control. The State will be in charge of SOs care.
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AlvaDeer Aug 2020
I think ultimately JoAnn is correct. Without a POA already made out, the significant other has no legal rights. And that IS why the Nursing Home will take over the guardianship. It should kind of be a lesson for those of us who are younger and think we do not have to handle these things ahead of time.
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