My sister is in permanent nursing home care. She physically cannot do anything they feed her, etc. she will not improve. She gets disability check from SS, and a portion of it pays for her care. She has a bit left in the account. It keeps growing because she cannot do anything to use the funds. Now she is over 1k in her account that belongs to here, minus the fee for nursing home. They told her she must spend it now and are trying to get her to buy a computer to use up money. she said no, she cannot physically do that. She wants the money given to her son, whom visits her every thursday. The nursing home said she must spend it herself, as it is a government check, and she cannot give it away. Where is this law documented? Is it true?
If no one has POA, you might find a funeral director who can visit her. Rather than gifting her son, her gift to family is not strapping son the with costs of dealing with her body.
I would like to know what took her over. All her SSD should be used to offset her care except for the money deducted for Personal needs and that money can accumulate and take her over her asset limit. She needs to spend it on herself. As Moms caseworker said to me "be creative". Maybe a nice expensive quilt for her bed. An expensive new wardrobe. Like said an Alexa you can use to keep in touch. Is there special equipment she could use, like an electric wheelchair. It has to be spent and on her. Ask if there is something the NH could use for her to make their lives easier. When she passes, you will donate it. She may just need to buy that computer. Maybe an aide would be willing to set it up so u can Zoom together.
If you want them checked you would require an attorney to do so if you aren't willing to go sit in the Social Security offices with a number in hand; take a book if you're going.
The government doesn't give money to people in need so that they can gift it to others, as you can well imagine to be the case.
I would suggest that your sister find a way to spend these funds on herself, as suggested by her care facility. Such an amount doesn't go very far these days. She could get clothing for herself that she requires.
I am wishing you the best. As you can imagine not many of us have the means to research complex governmental rules and laws, but I trust that the home is not lying to you here. That doesn't benefit them in any way whatsoever. They are attempting to keep your sister's funds from becoming so large that the funds she needs for her continuing survival are cut off completely.
If you google the number to call for SSDI in your area that will pop right up on your screen. Feel free to call or visit Social Security offices in your area for general questions. For specific cases you would need to be the POA I would guess. For Social Security often enough even a solid POA isn't good enough; they want the assigned payee instead.
Save yourself the time. Do as the facility suggests. Have your sister spend this down a bit on herself.
Some new clothes
Have her hair done 1 time a week
A purchase of Alexa or Echo so that she can control TV, Lighting or make phone calls.
There are computer programs that are voice activated.
We need to know if she's on Medicaid. And if she is, Medicaid rules vary by state so it's best if you go online to find the Medicaid office and call them so that you know exactly what your sister should be doing. Don't know if the rules differs much from SSDI.
Is the NH her legal guardian? Does she have one or is someone her PoA? If she's on Medicaid she should NOT gift money to her son, especially a large amount, as this may delay or disqualify her from receiving Medicaid.