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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsTo Collect Debts, Nursing Homes Are Seizing Control Over Patients
http://www.nytimes.com/2015/01/26/nyregion/to-collect-debts-nursing-home-seizing-control-over-patients.htmlIt was a guardianship petition filed by the nursing home, Mary Manning Walsh, asking the court to give a stranger full legal power over Mrs. Palermo, now 90, and complete control of her money.
Few people are aware that a nursing home can take such a step. Guardianship cases are difficult to gain access to and poorly tracked by New York State courts; cases are often closed from public view for confidentiality. But the Palermo case is no aberration. Interviews with veterans of the system and a review of guardianship court data conducted by researchers at Hunter College at the request of The New York Times show the practice has become routine, underscoring the growing power nursing homes wield over residents and families amid changes in the financing of long-term care.
In a random, anonymized sample of 700 guardianship cases filed in Manhattan over a decade, Hunter College researchers found more than 12 percent were brought by nursing homes. Some of these may have been prompted by family feuds, suspected embezzlement or just the absence of relatives to help secure Medicaid coverage. But lawyers and others versed in the guardianship process agree that nursing homes primarily use such petitions as a means of bill collection a purpose never intended by the Legislature when it enacted the guardianship statute in 1993.
Wellstone ruled
(34,661 posts)Answer:Gaureteed Governmental Income,just ask Rick Scott,and other Politicians who have their dirty little hands in the Adult After Care Industry. Our family had to deal with these crooks in Wisconsin a few years ago. It ain't pretty how the system is rigged to protect this industry. Privatized=shit.
dembotoz
(16,808 posts)mom died in sept
probate forms to be filled out.
one form was to establish if my mom was on medicaid or any program that entailed a state expenditure.
per my lawyer - here is wisconsin they are aggressive going after estates.
Thankfully my mom was quite independent until the end and we did not require such assistance.
it is strange--you need to ask who is funding this program or that when making those final decisions.
hospice one way covered by medicare
hospice another way seemed to be coming from the state hence out of her estate....
yeoman6987
(14,449 posts)Although sh thought she was dirt poor so when everything was counted up, my Brother, Sister and I were shocked by what she had. All of us were buying her things and getting food, ect because we thought she was living on SS only. Lol. I wonder if many families have this situation. Sometimes elderly get that fear of not having money because they forget or really believe they don't have any money.
MiniMe
(21,717 posts)Sorry about your Mom. My Mom died a little over a year ago, and I am still finding things that my parents owned. It turns out that my parents left me a bit, but they have everything separated all over the place. I have been working on consolidating everything. There was nothing that told me where all of their stuff was. I'm waiting for something else to show up in a 1099 or something like that. But Medicare took care of Hospice.
yeoman6987
(14,449 posts)A little over a year here too. It definitely sucks.
MiniMe
(21,717 posts)I almost choked writing that check, then I had to remind myself that if I didn't inherit it, I wouldn't owe the money. Didn't have to pay federal, but got hit with the State tax.
yeoman6987
(14,449 posts)jwirr
(39,215 posts)care. Here in MN if you have been on Medicaid the estate must first reimburse the Medicaid program.
I really do not see this as being totally bad. Medicare pays only up to 180 days in a nursing home. After that it is paid for by Medicaid if the patient has nothing else to pay with. Why shouldn't a person's wealth be used for their own care? Isn't that what most of us work for - to pay for our retirement?
As to guardianship I am upset by that. There is a real conflict there. They are taking care of her, determining the cost of care and have control of her money. At the very least it should be the county that provides an independent guardian. In the county I used to work for they have several non-county lawyers and organizations that can do this for a fee. That seems to work out pretty good when there is no family to do the job.
SomeGuyInEagan
(1,515 posts)When my grandmother was in a nursing home in the early 2000s, personal assets (savings, liquidation of home/car/etc.) needed to be spent down before Medicare assistance took over the cost. Which is why my mom was so delighted to find the home she did for my grandmother - clean, competent staff, affordable under Medicare and within a 20-minute drive for my mom.
I have no issue with asking people (myself included) to spend down personal assets before the social safety net kicks in. I just want the safety net to still be there.
And, yeah, I have a big problem with the homes filing for guardianship in situations where it they are clearly trying to push guardians out of the picture, where the guardian is competent and working on behalf of the person.