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4ren6, Forensics/CSI
Category: Legal
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Experience:  Sworn Expert Witness in Criminal Law. Sworn Expert Courtroom Testimony.
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A resident trust fund in a nursing home - can they just take a large s

Customer Question

California - my mom's care home took $2000 from her trust fund described as SOC partial Payment. I am power of attorney and had no knowlege until I received th quarterly statement. Can they just take her money? I thought this was for burial expenses.
Submitted: 8 years ago.
Category: Legal
Expert:  4ren6 replied 8 years ago.
How is the Nursing Home set up to take funds out of your mothers account. What is the SOC. Is MediCal or medicare, medicaid paying anthing. Are you listed as her Durable Power of Attorney. How were monthly payments arrangements planned to be paid. Does she have a pension or retirement. Has she spent down. Has she just gone in. I can better help with the above.
Customer: replied 8 years ago.
Reply to 4ren6's Post: She's been there about 5 years. SOC is social security. Her SSA goes into the account and they take all but $35 which is her incidentals that she never spends and it built up to over $2,172. Before when it was over $2000, the medicaid/medical limit, they sent me the overage to buy her clothes. This time they took $2000 and put social security partial payment. I have a general power of attorney that is on file - not sure what durable means. No pension
Expert:  4ren6 replied 8 years ago.

Durable Power of Attorney allows you to handle medical billings and such. Power of Attorney is very limited.

I see no reason that they would have taken the 2000 out of her account. It also appears they have the Durable Power to do this if they were able to get into her account. This may be a billing procedure as well that was set up at the time she went in.

Your mother is allowed 2000 in cash assets. that is the maximum and it would appear this is an accident that needs to be checked on. If the Social Security went to her account instead of the nursing home then this may be the reason they deducted her account. I see no reason for them to deduct this so check on it asap.

You need to clear this up and find out.

how they are able to access her account as such.

And why the Social Security payment was made to her instead of the nursing home.

If your mother is competant you may wish to have her sign a durable power of attorney. This will also allow you to take care of her things after her death when that occurs.

Let me know if you need further assistance.


Customer: replied 8 years ago.
The care home gets her social security check and deposits 929 into the trust fund then withdraws 894 from the trust fund leaving 35 a month as part of the monthly payment that insurance or maedical doesn't pay
Expert:  4ren6 replied 8 years ago.

Then I see no reason for them to deduct 2k out of her account unless money was back owed. But after 5 years time this would be unlikely. Nursing homes are notorious for accidents and mis charges.

If you had the Durable Power of Attorney then you could be handling all of this yourself. But go to the office and have them fully clarify the situation of the 2000. I still do not understand how they have such access to her account. Unless this was the way it was set up. Most families elect to not allow the nursing home to handle funds this way. Spouse or other family members normally have a joint account with the POA and pay these monthly bills. This helps stop any over payments or taking of funds.

Let me know is this has cleared anything up for you as i will be glad to further assist you.

4ren6, Forensics/CSI
Category: Legal
Satisfied Customers: 4794
Experience: Sworn Expert Witness in Criminal Law. Sworn Expert Courtroom Testimony.
4ren6 and 6 other Legal Specialists are ready to help you
Customer: replied 8 years ago.
Reply to 4ren6's Post: Just a quick reply - did you see my last note - that is how they get inot my mother's account. They have her trust fund and their payment set-up combined apparently.
Expert:  4ren6 replied 8 years ago.
if your mother is of sound mind and able to sign a Durable Power of attorney then I would suggest this if your able to handle the added pressure. But it does allow you full control and not the nursing home control of her assets. Glad to be of help to you.

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