She had dementia when she gave him his POA!
ON December 17/2029 she had him removed from his POA and she gave me her POA. My wife and I have a solid medical background.
ON feb14/2020 she came down with a case of FLU.
And was transported to the Hospital and was diagnosed with a FlueTypA
and transported back to the nursing home that put her into a west Facing window and that window did not have any shades on it to stop the sunshine, They also put her into a room that did not have a TV in it to help her keep her dementia in checked and they also did not allow her to have a phone in her room! and the room did not have a nurse call button and it did not have the Isolation gown that told any one visiting would know that she was under a quarenteen. Before Feb I went to visit my mother each and every day! So after I went to visit her I saw the appalling conditions they had her in I picked her up and started to take her to my home. They called the police and the police officer took her out of my Vehicle and take her back to that same room that she was in and I told the police officer that I had my mother POA and she nursing home said they do not recognize my POA because my mother had dementia and could not give me her POA.
The police officer said that I was now banned from going into the building!
And I told the police officer that my mother had dementia when she signed my Brother's POA so that should make his void to and the Nursing home said that they was going to File Guardianship over my mother making both
POA void. And the judge then asigned that Bad Nursing home as her guadianship over my mother and then the nursing him then takes all my mother SSI payments away from her and has made all her SSI payments go directly to the guadianship so my mother has no income!
How can I fight to get my mother out of that nursing home!
and her in come restored!
You're going to have a really tough time doing anything if a judge has already appointed guardianship.
All SS incomes going to the NH is normal for Medicaid patients, minus a small monthly allowance (think $50 or so).
If you had POA, to assign your brother Mom had to be able to revolk yours and reassign your brother. And she had to be of sound mind to do it. She wasn't so you could have proved right then that brothers was invalid.
When taking someone out of a NH you need to go thru channels first. You need to show the NH that you have set up care. Whether in your home or transferring her to another facility. By law, NHs can not discharge a person unless its a "safe discharge".
The guardian is not the NH. It should be someone appointed by the Judge who gives an account to the State concerning Mom. You need to find out who that guardian is. It has been said on this forum that a guardian can take in consideration the families wishes. If you feel that this NH is substandard, then you may be able to request her to be transferred. (NH being guardian to me is a conflict of interest)
Were you not informed that there would be a court proceeding to establish guardianship? If not, I think you should have been and question why you weren't. You could have had a lawyer present to represent you. That way the Judge heard your side of the story.
You actually should have gotten a lawyer involved when Mom allegedly assigned your brother. Did u ever see the paperwork?
The brother had the first POA and he put the mother in a nursing home. Now the nursing home is trying to get conservator/guardianship over the mother. The only reason they'd be doing this is because the brother (POA) isn't handling the situation.
This is from the OP's profile:
"...My wife is a Registered Nurse in the state of Texas and I am a License CNA to care for her here in my home! How do I get her transfered from the Nursing home and into my home that has certified medical help here in my home? "
Gordon, you wrote:
"She had dementia when she gave him his POA!
ON December 17/2029 she had him removed from his POA and she gave me her POA. My wife and I have a solid medical background."
If your mother's dementia affected her decision making, neither document would be applicable.
First you have to go down to the probate court where your mother lives and file your own petition for conservator/guardianship over her. You will have to explain in the petition paperwork why you are petitioning. Also, regularly check in with the probate court because what the nursing home WILL do (they tried pulling this on me when they petitioned for my father), is they will send you their petition but there will be no court date or time on the paperwork telling you when to appear. They do this because if the other party doesn't show up, they lose by default and the nursing home wins. So you keep in regular communication with the probate court for any dates you need to be at.
After you've filed your own petition, you will explain to the judge what happened and what's going on. Your mother must have also have a lawyer of her own. The court appoints one. Even with some dementia they will take it into consideration if she says she wants you. From what you've said here, I would be very surprised if the court did not award you conservator/guardianship over your mother.
My Mum has short term memory loss so my brothers and I want to have jointPOA
The time to have challenged the appointment of a guardianship was when the hearings were in probate court. Probate is all open records in TX with the exception of minor hearings is my experience. You could have gone on line or called PC or gone to the courthouse to look thru the filings on the boards outside the courthouse. If this was 2.5 years ago, that’s a long long time ago to get a court to revisit a decision made that has not posed a problem for the ward (your mom) or for the court
Neither the NH or the guardian is taking your moms $ inappropriately.
Someone is paying your moms room&board at the NH.
You’re not paying $ 8,000 - $10,000 ea month private pay for her.
Who is paying is the State of Texas LTC Medicaid program.
State pays the NH a fixed daily reinbursement for her care. Daily reimbursement rate is really truly not enough to cover in full costs of care. How Medicaid & the NHs that choose to participate in LTC Medicaid make this work is through $ paid to the NH from each residents copay and by having some there as rehab patients on MediCARE and some private pay residents. If her SS $ is being taken, she is on Medicaid, so she is required to do a copay of whatever income she gets to the NH less $ 60 a mo Texas PNA aka personal needs allowance. If she goes to the on-site beauty shoppe at the NH twice a month, that could easily use $30-$40 from her $60. If she has cable, or a phone, or gets extra snacks or gets extra toiletries or needs to buy socks, etc. those items could use up the rest of the $60. If there is nothing she needs or buys, the extra PNA $ goes into an on-site trust account that can be used to build up to eventually get her something that Medicaid will not pay for….. like dental work or a more special Walker. The info on copay & PNA are in the States Medicaid website & was in the application she signed or your brother (who presented himself with POA document) signed.
Nobody but nobody is making bank from her PNA $.
Almost always family is from our own wallet buying clothing & shoes replacement, nicer linens, extra toiletries, etc for our family in a NH.
Should you want to visit her, you need to contact in writing the guardian to ask for visitation under whatever terms the NH and the guardian feel is necessary. The court will have all documents from the guardianship on file under a docket # and you can pay a sm fee to get each of them. This way you will have all details on your mother’s guardianship hearing and have the guardians name to have to send your request to the correct place.
It sounds like you physically tried to move your mom out of the NH before and security stopped you. Is this correct? If so, there is a record of the incident. Doing that without going through proper channels was pretty serious transgression. I wouldn’t be surprised if the guardian will require any visitation to be supervised and you will need to pay for someone from the Ombudsman office to be there during the visit. Guardian does not have to allow you to have any contact with her at all, so be as affable and calm when you contact them.