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Have read a lot about the ER dump on here. When you do that, are you essentially giving up your rights as POA and the state takes over? Can you continue on as POA after he/she has been placed?
I believe that social security can answer this and that medicaid rules cover each state - the location of the current, not the permanent, residence that the person is in as to getting benefits. Any family lawyer or even your state offices for such things might know. Be sure to ask someone who will know . Hourly workers can misdirect you and waste a lot of time giving you inaccurate info.
It's my understanding that once an ER dump is done it just means that the person being "dumped" is no longer safe to live by themselves and have no one who can properly care for them. The hospital social worker then is responsible to find placement for that person, even though they will try to talk family members into caring for them so you have to stand your ground, and let them do their job. It does not mean that your rights as POA are over, or that the state will take over(unless you want them to). It just means that you see no other option at the time. I wish you well.
From what is described, I guess I did an ER dump in January. My dad fell, my husband could not get him back up, and we had no choice but to call EMS. At the ER we told the doctor that he lived with his 94 y/o wife alone and aside from 8 hours/day of caregiving, there was no one in the house and it was unsafe to discharge him to his home. We worked with the hospital social worker to make the arrangements to get him in rehab under the 80 days of Medicare hoping to get him into LTC..
We, his family, are still heavily involved, we love our parents but their living arrangement was no longer feasible for them and we, their children could no longer handle living life from one crisis to another, it was horrible. You just didn't know when the next catastrophe was going to happen. Not possible to live this way long term.
Dad was transferred to a rehab facility that also has a LTC facility within it. We immediately got an eldercare lawyer involved. We now have signed POAs and health proxies for him and my mom. Because there are minimal assets left which will be blown through in a couple of months of long term care for him and my mother needs to be able to to have care and live in her home too we needed to apply for Medicaid. We are hoping he will be admitted to the LTC unit on Medicaid, not sure how this is going to go yet. I'm on pins and needles.
If the hospital (or patient) knows you are the PoA, the staff will go to great lengths to get you to be part of the solution, as you should be. Because you are the PoA then the patient is not really dumped: it's just an opportunity to transition the patient directly into a more permanent care solution if they cannot safely return home.
I will assume your PoA is activated at this point (ie meets the requirements set forth in the PoA if it is "springing" which usually requires 1 or 2 diagnoses of impairment). This criteria is not present in a Durable PoA, which goes into effect the moment it is finalized.
Therefore, you should be working with the hospital social worker to figure out where the patient can now go: AL? MC? LTC?
You are the person who is legally managing this patient's affairs, not the county, state or facility. You must be involved in choosing where/how this patient is placed and how they will be paying for it.
I don't see where Social Security or Medicaid has anything to with an ER dump. Its usually done when family can't care for someone after trying to get help. Its a last resort. Family walks away and that is why its called a dump. A SW will take over and find a place for the LO. The State will assign a guardian and that person will contact SS and Medicaid, also have control over any assets the LO has. Will the POA be allowed to be involved, maybe as a family member but IMO you revoke your POA when u dumped the LO.
I think u need to consult with a lawyer to see if an ER dump is allowed in ur State. Maybe as POA you have other options.
No the state doesn't automatically take over. What you are looking for to happen is the social worker and case manager at the hospital find suitable placement and help apply for LTC Medicaid if needed. This wouldn't affect POA. If you are thinking about sending LO to the ER, it is best to do it tactfully.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
Any family lawyer or even your state offices for such things might know. Be sure to ask someone who will know . Hourly workers can misdirect you and waste a lot of time giving you inaccurate info.
The hospital social worker then is responsible to find placement for that person, even though they will try to talk family members into caring for them so you have to stand your ground, and let them do their job.
It does not mean that your rights as POA are over, or that the state will take over(unless you want them to). It just means that you see no other option at the time.
I wish you well.
We, his family, are still heavily involved, we love our parents but their living arrangement was no longer feasible for them and we, their children could no longer handle living life from one crisis to another, it was horrible. You just didn't know when the next catastrophe was going to happen. Not possible to live this way long term.
Dad was transferred to a rehab facility that also has a LTC facility within it. We immediately got an eldercare lawyer involved. We now have signed POAs and health proxies for him and my mom. Because there are minimal assets left which will be blown through in a couple of months of long term care for him and my mother needs to be able to to have care and live in her home too we needed to apply for Medicaid. We are hoping he will be admitted to the LTC unit on Medicaid, not sure how this is going to go yet. I'm on pins and needles.
I will assume your PoA is activated at this point (ie meets the requirements set forth in the PoA if it is "springing" which usually requires 1 or 2 diagnoses of impairment). This criteria is not present in a Durable PoA, which goes into effect the moment it is finalized.
Therefore, you should be working with the hospital social worker to figure out where the patient can now go: AL? MC? LTC?
You are the person who is legally managing this patient's affairs, not the county, state or facility. You must be involved in choosing where/how this patient is placed and how they will be paying for it.
I think u need to consult with a lawyer to see if an ER dump is allowed in ur State. Maybe as POA you have other options.