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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 16558
Experience:  Experienced Licensed Attorney
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My mother, age 92 with dementia is living in a nursing

Customer Question

My mother, age 92 with dementia is living in a nursing home.I am her guardian and wish to draw down her house account which is funded by social security and medicade. I requested to remove part of her house account.the financial officer at the nursing home refuses to release any funds until I can prove the benefit is directly spent on her behalf and this includes prepay in for a planned funeral. I was told I would need to arrange the prepayment agreement and they can only release the funds to the funeral service. Is this a legal right or can thr funds be release directly to me the legal guardi an
Submitted: 9 months ago.
Category: Legal
Expert:  Alex J. Esq. replied 9 months ago.

Hello. My name is Alex.
Thank you for your question.
I will be happy to provide you with information you are seeking for educational purposes only.

Yes. This is generally legal for the financial officer to only forward funds of mentally incompetent patient for the direct benefit of the ward to third parties provided such benefit and if legal guardian wants to contest such decision, then a motion would have to filed with the court that has ordered legal guardianship and the judge will review request of direct disbursement of fund to the legal guardian and will make decision based on the specific facts of the case and based on the current law.

I wish you the best of luck!

Customer: replied 9 months ago.
Not the definitive answer I need to resolve this problem. Your saying a judge must agree to the release or deny it. And the nursing home makes the decision on how the money is to be used.
Expert:  Alex J. Esq. replied 9 months ago.

Thank you for your follow up.

I cannot comment on your specific case, but generally, in a similar situation, the only option that legal guardian would have, is to file a motion with the probate court and the judge would decide on the issue.

Please not that the information provided here is for general educational purposes only and you should always consult your local attorney for any legal advice or legal service.

I wish you the best of luck!

Expert:  Alex J. Esq. replied 9 months ago.

Please let me know if you have any related follow up questions?
If not, please positively rate and accept my answer, so I can be compensated for my work.
Thank you.