Does anyone know the law?

• By cmn1 (Inactive)
• Reply 3418701
• September 30, 2012 at 12:31 pm
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You might locate and talk with your long term care ombudsman. I believe every state in the US has people in these positions. website link http://www.ltcombudsman.ny.gov/.

And/or your local Area Agency on Aging. AAA has been very helpful to me. Here's a link to the New York state office website. http://www.aging.ny.gov/nysofa/localoffices.cfm.

Sounds like you're in a very difficult spot. My heart and prayers are with you and your mother. Please keep us posted.

• By MAW12
• Reply 3419323
• September 30, 2012 at 4:37 pm
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onelife,

The suggestions that you got from cmn1 is what I would do as well. I have called my ombudsman for Missouri and I can tell you they were very helpful in my case.

I hope you get the help you need. You and your family will be in my thoughts and prayers.

• By onelife
• Reply 3419386
• September 30, 2012 at 5:09 pm
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Thank you both for your suggestions and prayers.Hopefully I will get some help.Once again thank you!

• By cmn1 (Inactive)
• Reply 3419588 · In reply to 3419386 by onelife
• September 30, 2012 at 6:47 pm
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Please make sure to let us know how things go and if you find new tips/resources/whatever through this experience. As Francis Bacon is quoted, "Knowledge is power". And Lord knows we caregivers need all the power we can get! :-)

• By onelife
• Reply 3419602
• September 30, 2012 at 6:53 pm
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CMN1,
Thank you,I will keep you posted and I appreciate your replies and prayers. Thank you once again.

• By Dubbie42
• Reply 3422026
• October 1, 2012 at 3:56 pm
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onelife, most elder attorneys give you a free consultaion, at least here in my part of TX. I'd check with Alzheimer's Assoc for the name of one. If he can get you some help, it will be worth whatever a follow up appt. would cost.

• By Dubbie42
• Reply 3423626
• October 2, 2012 at 5:50 am
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I talked to someone about your situation and they said that if you refuse to come get your mother, she will be turned over to Adult Protective Services. As a daughter, you are not legally required to bring her home with you if you know you can't take care of her. Adult Services will make her a ward of the state and place her in residential facility. I still think you should see an attorney, but just tell the hospital you are not able to take your mom home. And don't feel guilty about it. We all have a limit as to what we can handle and it sounds as if you have reached yours.

• By Arick
• Reply 3423833
• October 2, 2012 at 8:16 am
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Onelife,

Does your mother happen to have been married to Veteran? If so there is financial assistance afforded to you by law.

Arick

• By heatherbuz
• Reply 3425504
• October 2, 2012 at 5:03 pm
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I have had this same situation happen i as i was taking care of client....... it is such a sad reality,,,,,but what had happened to her is the sate actually took over her rights, assets, everything. I couldnt believe it .she was not even allowed to manage her own bank account any longer......please be careful with this situation and contact onbudsman asap
in my thoughts and prayers

• By AngilTR
• Reply 3427173
• October 3, 2012 at 9:05 am
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Call her insurance company to clarify what they will or won't pay for before
getting upset. Ask for a case manager so you will have 1 person at the insurance company to
talk to.

If your mom has any finances beyond the poverty level of Medicaid in NY she will have to exhaust those
finances before she will be eligible for Medicaid. You may want to look for another LTC facility that will accept
your mom pending Medicaid approval if she is already at the poverty level. Your Mom's situation is common and
good facilities would allow her to stay pending Medicaid approval because they know in advance if she'd qualify
based on her income and assets.

Someone mention spousal benefits for Veterans. This is true and is a pension benefit available to spouses
of deceased Veterans if the Veteran served 1 day during war time, had a positive discharge, has less than 80k in income and assets and meets other
criteria for care. This benefit pays around $900 a month but could take 6 months to a year to be approved. It does pay retroactive to
the application date though. I highly recommend using a service, which is free of charge to help you obtain those benefits so the paperwork is filled out correctly because you can cause your mom to be ineligible for Medicaid if the paperwork is filled out wrong or receive a denial because the paperwork isn't filled out correctly.

You can seek emergency benefits from Medicaid in most states so Google New York Medicaid and see the qualifications and whether there is emergency assistance. I also agree with others who responded to contact the ombudsman.

If worse comes to worse take your mom out of there and back to the hospital if you can't care for her and
work with the hospital social worker assigned to your Mom to place her and help you get her Medicaid benefits
rather than take the chance of her becoming a ward of the state.

Prayers for both of you

• By onelife
• Reply 3449830 · In reply to 3419588 by cmn1
• October 11, 2012 at 10:59 am
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Hello, I am sorry for being so late with my reply but I have been with my mother up at the nursing home so I really don't have time for myself, I contacted the office that you gave me but as of the date of this post I still haven't heard from anyone. Tomorrow I have an appointment with the nursing home to discuss their plans...I am trying to get my mother's paper work together so I can make an attempt to get her on Medicad.
I will keep you inform to what happens after tomorrow.
Thank you for your prayers and thoughts.
onelife.