I’m wondering if even though I’m my mom’s POA, and now that she knows her house is going to be taken by the RM bank pretty soon, can my mom demand that they release her so she can go back to her house?
According to the RM contract, she has up until 12 months of not living in her house for the loan to be called in.
My mom was admitted to rehab in Feb of this year, did the 3 months of physical therapy which didn’t improve her physical status, got diagnosed w/dementia, terminal cancer & was advised to have 24hr skilled nursing so they admitted her to the NH part of the facility as of May 1.
So technically she’s only been gone from her house since Feb & that isn’t 12 months, but given the reasoning that my mom is in hospice now, her time is limited.
My question is could my mom ask the NH to let her back to her house to die?
But they would have to know that the house is inhabitable now (I’ve sold most of the furniture & appliances), all that’s there is mom’s bed & a dresser.
Plus she’d be completely alone again like how she was the last time she fell in Feb.
She doesn’t have the funds to hire live in nurses.
But as a legal issue, is the NH bound by any kind of “protective service” for the elderly?
Meaning the patients right to leave is over ruled by a medical doctors diagnosis that they can no longer care for themselves, so they can just allow her to leave the facility & go home to an empty house..
I got 2 estimates on what it will sell for & they are both too low.
House is underwater so I’m not doing anything w/it combined w/the fact that RM is basically making it impossible for me to act as my mom’s financial POA (even though I have the document, part of her will that says I am), so they can just do what they need to do w/out mine or my mom’s participation.
He accrued a lot of debts that needed to be paid & since she had no job, a home equity loan wasn’t an option.
Also, if she's in Hospice, then she probably has only few months to live, While SHE'D likely want that to be in the comfort of her own home, we often see happen what's happening, happen to your mom.
Let Hospice do their part, encourage the last few months of mom's life to be as stress free and possible. Without your support, she really can't facilitate anything to happen. I hope she doesn't cast you as the villian in all this.
Is she private pay or Medicaid. If Medicaid did u explain the RM on Moms house? Medicaid is going to want to recoup the money they pay out for her care.
So it doesn’t affect a person’s ability to qualify for Medicaid.
I'm not a lawyer but I believe she is no longer capable of making her own decisions due to the dementia. You are her POA so you would be responsible for her wellbeing. Moving her into a house with no appliances or furniture and no one to stay with her is unrealistic.
I understand she wants to save the house from being repo'd but at what cost to her safety and comfort?
You could contact an elder law attorney (they have listings at your local Senior Center for low cost or donation only lawyers.)
Good luck. I'm sorry for your Mom's condition.