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Hello. My mom has dementia and memory loss and is staying at a nursing rehab facility. I live out of town and am trying to help her and manage her house and finance. She has been in rehab for months and may not be able to return home as I thought she would. The facility said they are working on getting her on Medicaid.
Things have become more complicated because I am not POA and she may not be able to designate that role. Honestly I may not be able to handle that workload myself due to barely making it myself. The rehab told me of her mounting $50K bill.
She has about 60K that I am aware of and a very modest home. That will have to be spent down.
My goal is to try to get her in the best facility possible so her money goes there rather than the rehab. The current rehab suggested having the court appoint a guardian.
My question is, what options do I have to find financial decision making help? Would an elder attorney be a good choice? I am trying to get help from the local legal aid society but they are slow to respond.
Feeling overwhelmed. Thanks.

You need to consult an Elder Care Attorney.
If mom is not cognizant enough to appoint you POA you can chose to become her Guardian.
If you can not take on that role is there another family member that can be trusted to do so? If not the Court will appoint a Guardian and that Guardian will be the one to make health and financial decision for mom.
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Reply to Grandma1954
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This is almost impossibly difficult to do long distance. I would let the state take on being guardian and doing spend down, applications and placement. If you aren't clear on how to do this horribly difficult job you will be spending it all down on an attorney, so I would just speak to the social workers and tell them that you are not equipped to handle this job.
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Reply to AlvaDeer
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Thank you for the replies. I do not have anyone else to help handle this.
She has a house and a person that lives there who provides some help and rides for her. That person can not provide any more assistance.

I was hoping to have her go back home with some assistance as she really does not like her current facility. Plus she has 3 cats and a house full of her stuff. She was fine a few years ago and this all hit suddenly.

I am currently handling her bills and issues with the house plus her stay at the rehab place. If I was POA, would there be anything else to consider that may be complicated? An attorney would be the easiest but I would like to see her funds be spent on providing her the best care.

If a guardian is appointed would I be able to provide any input or are they independent?

Thanks
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Reply to kenmtb
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Your Mom having 60k will keep her from getting Medicaid. Rehab is only 100 days at most. Seems to me Mom is now considered longterm. Why were you not billed for her share of the rehab cost and what she accrued after the 100 days, which is now private pay. Where is the NH getting the information concerning the house and her money? In my State, Medicaid only gives a 90 day window from time of application. In that time 5 yrs of Statements have to be given to Medicaid. All assets have to be spent down. (House is exempt) There is a list of info only you can provide.

You can spend down that 60k by paying Moms bill to the NH. The 10k can go towards a Medicaid funeral trust. Don't think Medicaid will backpay knowing Mom has 60k that would pay for her care.
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Reply to JoAnn29
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kenmtb Nov 9, 2024
Hi JoAnn-
I was not billed because I am not a POA. Her housemate sends me billing information. My understanding is her funds will be used to pay her rehab bill once someone has access to her account.

She will be interviewed by a a local legal service next week to determine her competence and deciding who will handle her finances. At this point a financial guardian may be the best.

I would like to get her back into her home if possible or into a better facility where she could keep her cats. That would be ideal.

A question is, if she is appointed a financial guardian, would I be able to help her decide where she will be able to live?
Thanks
Ken
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I know understand your problem. Once she is on Medicaid, the facility will be determined by a Medicaid bed being available. You maybe able to ask for one closer to home rather than one farther away. She will not be able to have her cats in Longterm care. Medicaid usually does not pay for ALs or Memory care. If LTC is available where Mom is now, she can just be placed in that wing.
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Reply to JoAnn29
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Thanks, there is no one else. I have already contacted the local legal aid who will interview her next week. Should I still find an attorney as well? Paying for one would be an issue. Thanks
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