My Significant other is 55 and was placed in a Nursing home / rehabilitation center, after he suffered from a horrible stroke due to a ruptured brain aneurysm. The facility petitioned me to court because they would like to become his legal guardian and payee. Even though I was already approved and am now his payee. Is this part of a policy they have to abide? They make me feel like I am doing wrong because I want to take care of my significant other of 16 years we have a child as well together who is now 15 years old. I don’t understand why it’s so important to them or why they are going this far. They are a for profit facility. So could that be why?
What this all comes down to is OP has no say in SOs care unless she holds POA. Without that, she can sign nothing or file for anything. If his illness is recent, probably has not even considered disability. That is probably why NH is filing for guardianship. No one to handle things fot this man.
OP needs a lawyer for no other reason than to protect her assets and her son. Because if NH gets guardianship OP will lose control. The State will be in charge of SOs care.
I’m thinking since you aren’t married the facility is concerned about non payment.
That is a reasonable concern for the NH.
I would see an attorney as you don’t want to jeopardize your child’s benefits in any way. The NH has a right to expect payment from your SO from his work history and anticipated monthly SS/SSDI.
I’m sure you did not expect your SO to have a major stroke so young and having to deal with any of this. But if I had a child I would pay the money for an attorney consult specializing in disability and SS/SSDI to get it right the first time.
What is SO’s prognosis? Is he expected to improve or will LTC be his home going forward?
Sorry you are dealing with this at a young age. You need an attorney to help protect your child and pay the NH at the same time. The NH isn’t going to just assume you will and is protecting itself.
Best to find out what you and your child are entitled to before you make any long term decisions, imo. An attorney will help guide you. What will happen if SO passes away? Does he have a will, etc? Because not being married can ultimately affect you as well. You can avoid a lot of stress if you have a plan for you/child’s future. An attorney can help.
Something sounds "fishy" to me and I wouldn't "do" or "sign" anything over to this nursing home until you get your questions answered preferably by an Elder Law Attorney.
I am my mom's P.O.A. for everything as well as a Representative Payee on a separate Social Security Checking Account which I was told to set up by the S.S. Office in order to pay all my mom's rent payments from. She has lived in two different facilities and I won't even allow them to have any checking account information for them to do an automatic withdrawal/deposit into their account for monthly rent payments. No way - they will just have to accept the "personal checks" I write each month. I've never had a problem anyway but see, what would happen if some staff employee were to either accidentally or intentionally get access to my mom's banking information? Her account could be wiped out in an instant and then I'd have a big mess on my hands trying to get it resolved.
With this NH/rehab center, I would have lost my trust in them and wonder if anything else they are doing/not doing is up to snuff.
In your situation I would find the best disability lawyer you could find and have that person take your case on.
I don’t necessarily go right to “greedy care center” but it does seem as though they’re comfortable going after any loophole to get at funds that might legally be distributed to others involved.
Good luck. Be “water on stone” for yourself and your child.
Seems very odd and I think there is more to the situation.
Unfortunately some facilities lack any scruples at all and they will go after guardianship and rep payee to steal any assets available, it's pretty common. They can charge extra for "guardian" activities and I believe that it is a conflict of interest and any judge granting it should be prosecuted for facilitating this kind of crime.
Because you r not a spouse, don't think you can claim "Community Spouse" with Medicaid. Is your money combined, if so may be a problem. I think it would be wise to consult a lawyer who is well versed in Medicaid. You need to protect your money and the future of ur son.