Why did it take six months for them to take my mom's Social Security and she gets Medicaid and Medicare. Now they want me to pay because I didn't know that they take the money out of her account I was paying her bills with. Now they're threatening to take me to court. Is this possible? Please help me.
The SOC requirement would have been in the medicaid application and in the determination letter Medicaid sent your elder. If your the dpoa you have a fiduciary duty to make sure this happens. Saying you didn’t know means you are incapable of doing your fiduciary duty...... which is an opening for the state to totally take over everything “mom”.
NH can do whatever your state laws allow to get the SOC paid. They can sue you, turn account over to collections, evict elder, ask for ward of state order to be done...... just what path depends on your state. Things like this snowball. Really if the letter was sent certified & has a time limit (like due in full 30 days), or you’ve been served papers, this is pretty serious and you need to hire your own attorney ASAP.
NH can ask for APS can be brought in to investigate into whether you as dpoa took advantage of a vulnerable adult. You don’t want to go there.....
If mom has a funeral policy payment each month, family needs to pay.
If mom continues to own her home, family needs to pay all property costs.
Credit card debt gets defaulted unless family wants to payoff.
Once on Medicaid, financial choices are stark.