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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 116719
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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Can a private doctor MD or acupuncture physician be hired to

Customer Question

Can a private doctor MD or acupuncture physician be hired to independently check on a resident that was put into a public permanent residential facility to check on the health status and begin to treat one of the residents there who's health is failing under the protocols of the medicaid managed system? THis particular person is now being denied medicaid because of a 5 year look back showing an electronic transfer deposit made into their account of $30,000 back in 2010 which can not be traced back to its original source yet. The hearing or deadline is in a week and this source has yet to be revealed by the bank. Once the source of the $30,000 is discovered, (not sure why the bank can not trace the electronic source) there will be a search to see where and how the $30,000 was spent. IN the meantime, i believe this health issue of this particular resident can be cured in a few weeks with real focus on their digestive deficeits but with an appropriate doctor overseeing their nutrition as the facility does not monitor or limit portions or repeated requests for food. This individual was healthy and slim on a whole foods natural eating program their whole life before entering this facility,. What can i do? I can remove the person and have them live with me and stop the billing of $15,000 per month, Who would advocate because the potential costs of this persons care or bills will become the responsibility of my relatives which i am included and this is not right just because one person put him in there after a hospital stay and did not get the assistance of others to oversee what was going on.
Submitted: 8 months ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

A patient has a right to have the doctor of their choice to treat them. If the person is in a hospital or nursing home, the doctor has to obtain rights to practice or access the home, which cannot be unreasonably denied. You could also seek to remove the person from the nursing home and pay for actual care to come to your home for the patient. Since they are not yet eligible or there is an issue with medicaid, you would need a local attorney to file an appeal to seek to get the medicaid benefits started up and that should be the first step before the drastic step of removing them from the nursing home if they need that type of care.

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Customer: replied 8 months ago.
The person is a disabled family member who cant speak for themselves.
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your reply.

Then if the person cannot speak for themselves, their power of attorney or guardian must do so as that is the only other person who can speak for them.
Customer: replied 8 months ago.
THeir poa was in rehab themselves and is really NOT equipped.... I as well have my hands full caring for my own elderly folks but i can care for this disabled person until they are healthy again and perhaps if i have some financial support to hire cost effective caregivers in the mean time to help me.... I would be able to get them healthy again like i have done once before. WHen they are in Medical managed FDA approved meals and state run programs, they get sick. Would i have to get an attorney or someone from the state or the disabled relatives case manager to consider my points and perhaps give it a trial run? THe disabled persons sister does not want their disabled sibling with me anymore because i was reimbursed $20 per day on a few occasions that i cared for this person whom lost weight and got alot of activity in my care. Yet no one in this persons family wants the responsibility. I am confused why they want their sibling in state housing?
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your reply.

The problem is that if the PoA is in rehab, you need to get someone else named new PoA to take over and make the decisions. If nobody in the family wants responsibility then Adult Protection needs to be notified and they will appoint a state guardian.
Customer: replied 8 months ago.
THe POA is out and getting better it seems. They were only POA for a short while and ended up getting confused about the term "spend down" in order to get the disabled family member medicaid benefits. SO now he is potentially on the hook for fraud although the spending spree happened during 2 years of flooding and renovations and repairs and never was there any misuse of this disabled persons funds. In my opinion, the stress of the past 5 years can merit a pardo so that the family can simply catch up on their financials since once independant eldler family members have become dependant and so there are alot of various areas that required transitioning into taking over responsibilities for dozens and dozens of items all at the same time. Are there cases where there was temporary mismanagement of peoples monies, and later all of it getting clarified? DO you have a case # ***** a family getting off the hook upon presenting a story line?
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your reply.

It sounds more like your PoA is incompetent still and needs to be replaced. No matter what you now say about them getting better, he does not sound like he acted appropriately, even if you say he got "confused." No, there is no such thing as "temporary mismanagement," it is either mismanaged or not. So, the money was either spent properly or it was not and if it was not then the PoA is liable to return the money.
Customer: replied 8 months ago.
I would be the most competant person but i have my hands full. Would i be able to attempt this on a temporary basis at least so that i can help this person get healthier again? Would i need an attorney or just call Adult Protection and they would interview me i their office? Would i need to show proof of anything?

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