My mother is in a nursing home. I have legal and medical power of attorney. she has a personal account with her nursing home, but she is mishandling her money and losing it. She should have had at least $1500 in her account, but she was down to $208. Can I withdraw the money from the nursing home and put it into my savings account to pay for her final resting place?
I provide my mother with groceries, snacks, clothing, drinks, and whatever she needs. I buy it for her thinking that this $50 a month had been building up in her personal account at the nursing home. I was devastated when I saw that there was only $208. I wanted to make sure that the money would be there when her final day did come and we would have the money to pay for that. The financial director of the nursing home told me that he couldn't give me that money because they get audited, but if I don't touch it and I just keep buying her the things that she needs out of my living expenses and can provide a bank account statement showing that none of her money has been used for any personal use on my behalf it will be OK.
I am one of three children, but I will be the only one paying for this and I need to know what I can do if this financial director at the nursing home is allowed to keep this money from me when it is only in her best interest that she has the money instead of losing $75 within a week in July. I have that account statement as proof of her mishandling her money.
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You need to consult an attorney. If your mother is mishandling the money, you should be able to manage it for her.
I would contact your lawyer to start off with. This can be an issue with the nursing home taking the funds out of the account and saying it was your mom. You actually don't have any way to prove this on your own. You'll need help. If it was your mom, you'll need to find out what she did with this money. She doesn't really have any way to spend it where she is.
Second, if the money has to go to the account you can try and make the nursing home notify you of all withdrawals before they happen. This way you can give your approval on them or not.
As long as you don't have full power of attorney over your mom there isn't much you can do right now. Only a lawyer can help you with this and a judge needs to approve this and sign the papers.
You need, in addition to legal and medical powers of attorney, to be her fiscal conservator. That will put you in charge of her finances. Legal power of attorney does not generally cover this.
So much varies from state to state, so bear that in mind going forward.
The financial director is NOT looking out for your best interests, only that of the nursing home. They are a business, after all, and profit is their goal. Please do not accept what he says as truth or law.
I wish I could give you a more specific answer. My mother suffers from dementia, and while she is not in a nursing home, my sisters and I are dealing with similar issues.
Perhaps there is guidance to be found from your state's senior services agency. A quick web search should direct you.
Good luck!
Go to a lawyer and get power of attorney over her finances.
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