We are in Alabama. Seven siblings, one has POA, grandmother in nursing home after a stroke. Rather than bring her home, the one with the POA is choosing to let her stay in the nursing home. Since she's been there more than 90 days. The state is going to put a lien on the home, her car, life insurance and everything else that she owns. She made this decision without talking with ANY of her brothers and sisters, of course they are against this. The deadline is July 10th. Is there anything they can do?
What is Gram's condition? Some people recover remarkably well, and others lose ability to do activities of daily living and cognitive reasoning ability. I assume you have been visiting Gram regularly in rehab. What is her situation? Can she walk unaided? Being in rehab 90 days might indicate that she hasn't regained her strength -- what have you noticed? Is one side of her body paralyzed?
If she did go home, could she afford in-home help?
People name a POA so that one person has the responsibility of making decisions. It is not done by committee and it is not a democracy. The POA must act in the best interests of the principal as he or she sees it. Many POAs would want to discuss it with other loved ones, but that is not required, and the POA does not have to be guided by the opinions of others. (Being POA is a heavy responsibility.)
Was Gram in her right mind when she named the POA? Is POA taking financial advantage of Gram? Abusing her in any way? People are allowed (encouraged) to arrange for their own spokesperson and it would take considerable proof of wrongdoing to set aside Gram's decision.
On Medicaid, Gram is allowed to own a house and one car. All of her personal property, (furniture, linens, that lovely set of tea towels her mother embroidered, etc.) is exempt from Medicaid's interest. She can set aside money for her final expenses (funeral etc). She is expected to use her own funds for her care, as far as they will go. This is exactly would would have to happen if she went home. She could cash in her insurance to pay for in-home care, then perhaps sell her house and use the proceeds to pay for a smaller, more manageable place, etc. etc.
Any way you look at it, a person who has a serious health problem in their later years is highly unlikely to have anything to leave to heirs, if that is part of your concern.
BTW, how old is Gram?
If you have concerns about the POA's actions and you think there is actual fraud or abuse going on, you can try calling Adult Protective Services.
Otherwise, I think you would have to consult an elder law attorney in your state. They would know what your options are...including under which circumstances you might have a case for going to court and requesting guardianship. Good luck!
What you may explore is a TOD account for the home and possibly even the car. If there is a TOD in place, the state can't grab those assets. This is what my bio dad did with his house and no one could touch it
It depends...
How old is gram and does the person with POA have
FINANCIAL POA AND
a POA for Medical Care decisions? There is a difference.
After only 90 days, someone it appears is not on top of the financials to start with.
So come back for the wealth of information these caregivers can discuss with you if you provide more information.
Dr. Kernisan is my favorite geriatric care specialist whom I read all the time!
You will have to prove that the PoA is stealing from Grandma or not using Grandma's money to take care of her properly.
Then, the court (If Grandma is incompetent) would possibly appoint a guardian for her.
If Grandma is competent, she can revoke the PoA, but from the information you gave, it sounds like that is not the case.