My mother will be going into care soon, I already have power of attorney over her generally. Can they take all her pensions away from her as they go into her bank account?
By Noelia from Gibraltar
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This is a difficult time for anyone facing this type of decision and can be very costly. You should seek legal advise if your mother has an estate of any size (home-mortgaged or not) as well as any savings or stocks, bonds, etc.
Remember - a Power of Attorney (POA) is only good while the person is alive and has no legal standing after death so be sure your mother has an up-to-date will.
A lot will depend on the type of care your mother will need and it may be more costly as her health deteriorates. Remember also - Medicare does not cover a lot of Long Term Care (Medicaid if applicable - will pay for most care). Please be very sure to state only the truth when completing the application for admittance to the nursing home as they have the power and, they will, check everything on those forms.
It appears that your mother may not qualify for Medicaid and will have to personally pay for her own care?
If this is the case - yes - the nursing facility will take your mother's pension (private pension and/or Social Security) to help cover the cost of caring for her. Although most pensions will not completely cover the monthly cost and the facility/state may seek compensation from other areas.
This is the reason I suggested that you seek legal help in sorting out how to best handle this situation. Many people do not find out about all these charges until after the death of a loved one.
Also, some families try to circumvent these losses by putting property and other things in another person's name. This does not usually work as the facility/state searches back 5 years to see if this was done "legally" and before the person knew of the pending circumstances.
I am not an attorney and therefore I am not offering any legal advise but I have worked with senior care facilities and therefore know a little bit about how they work. Sometimes it may not appear that someone has an "estate" worth all this trouble but you should seek legal advice to be sure.
No general advice will help you because you are in Gibraltar. Definitely get in touch with someone who specializes in Gibraltar laws.
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