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How do we get straight answers from nursing home and POA?

My Uncle resides in a nursing home in PA. My family was told he went in for dehydration - he's a diabetic and not drinking enough water we are told. He's been in this one-star nurisng home since before Thanksgiving, and the reason for being there my mom was told was "for observation". My uncle who is not incapacitated reached out the my mother and father to complain about his family he's been staying with and who has the POA, and how they treat him (a son and his wife who came around within the last few years whom he hadn't had a relationship since he was a small child). My uncle wants nothing to do with this family now, they've been mean to him when he was a home he stated, and want to come back to be in a nursing home in NJ. However, my familty is not getting straight answers or cooperation. My uncle said right now he wants to make his own decisions and have no POA for his health decisions (as well as financial but this is not the most important right now especially if going on Medicaid or on it already). My family went to this nursing home in PA and the information given was that my sibling has to call the nursing home where he wants to go to see if they have a bed. They didn't tell them his payor source. My mother was told he is paying out of pocket right now there according to what she was told. She was also told by nurisng home this POA was due there that day to show them bank statements (which makes me think he's about ready to go on Medicaid). If on Medicaid he'd have to reapply here in NJ but I'm not sure what to do first or how to get the information and direction and from whom? The man is not happy in this nursing home or having anything to do with this family, this is what matters most. What should we do from here? How can we get the assistance we need?
Status: Open    Dec 16, 2016 - 09:54 AM

Medicare/Medicaid, Elder Law

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Dec 30, 2016 - 07:15 AM

I have just gone through my father's death and moving my mother out of her home. I would suggest that you hire an elder law attorney that is in the state that he's living in right now. I say this because the laws are very different from state to state. I found a great attorney in Florida that referred me to another attorney in the area that my Mom will be living because he said that the laws can even vary from county to county. I would say that if your Uncle is coherent and capable of making his own decisions, you should have him sign a new POA for you or someone that he will be able to trust to do right by him. It cost me around $200 to have durable power of attorney drawn up. Make sure that you get advice on his financial accounts (if any) POA ends at death so anything that needs to be set up needs to be done while he's still around!
Also, from experience with my mom, your Uncle will only be released from the nursing home when the Doctors are sure that he is capable of being on his own.
If you check him out without the Doctor's release, Medicare/Medicaid will not pay. (At least that's the way Florida works)
Good Luck!

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By skyvisions on Jan 07, 2017 - 07:00 AM | Like (0)  |  Report

The above comment is correct. The key is to get him to change POA, ASAP. Most elder attorneys will go to him, if requested. If the current POA somehow got him declared incompetent, it will be harder to get the change...more steps. If you suspect he is being mistreated or abused, contact the state ombudsman without delay. And if you ever are suspicious enough his life is in jepardy, from mistreatment, you can always call the police, even in a nursing home.

I took care of my mom 17 years, with complications from a stroke. When she was beyond care at home, and she had gone to a nursing home, I had to do much homework finding the better ones. Even with that, you are only as good as the care around you, and you have to watch. In a "5 Star" facility, I realized a change in her personality, and she was very lethargic. Through my being copied on the home's pharmacy prescriptions for her, I found out she mom was being drugged twice a day, with a narcotic, all 85lbs. of her, by a nurse, unbeknown by any physician. I called the state and the ball started rolling within an hour. The nurse was told to pack her things. She was suspended during the investigation. Apparently, this was not the first time...I also read an AARP article shortly afterwards, this was happening around the country. The facility was found negligent, also by the Board of Health, and the nurse was removed. I was told she went back to her home in Africa.

Follow your heart, and Gd bless you for taking an interest in someone who could use the help.

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