Who is bringing up “guardianship”? NH? your family?
If moms NH is contacting you directly to tell you of issues they are encountering, and it still that you r on friendly terms with NH (eg moms bill is current & she is a relatively easy to care for resident), do you think this NH will work with you to get mom to do a new POA naming you? Not guardianship but new POA done?
If NH is telling you that nephew POA no longer has any power it’s likely because he cannot meet standards on being a “fiduciary” as he’s a felon AND also cause he’s in prison so cannot do paperwork needed, like to do a renewal of her admissions contract or show up for or do a conference call for her every 90 days mandatory by Medicare care plan meetings. If your in prison in TX you really are very limited as to what type of mail you can receive….. like if your kid sends you photos or drawings, those cannot be received (literally prison will fold them up to fit a regular envelope and put them in storage or return mail to the sender if the prisoner has $ to do this). You can get a color xerox but no photo or actual artwork. If mail sent to him on your moms behalf is getting returned or just stacking up at the prison, that’s a problem that’s has to be dealt with ASAP.
But I digress, so is it definitely that NH likes you and mom? Is mom on LTC Medicaid? So she’s a dual: MediCARE & LTC Medicaid? Is mom current on her bill? So SS $ is going to NH as her copay? or is she way past due for her bill and NH is kinda at the point of giving her a 30 day notice to move? Do you personally & without needing to be reimbursed have 6-10k to up front pay a retainer for atty in Corpus? Ability to do maybe 3-4 during the week several days visits to Corpus between now & Feb? Do you want to take over as her POA or guardian?
I’d suggest that you figure out the answers on this and then contact Capital Area Council of Governments AAAoA division & the caregiver support & referral program within AAAoA (Area on Aging) to seek guidance on making things happen. Hang with me on this…. TX has regional planning & governmental coordination bodies called COGs aka Council of Governments. It’s your tax dollars at work. For Travis it’s Capital Area COG. For Nueces it’s Coastal Bend Area COG. Luckily for you both of these COGs have their AoA aka Area on Aging within the COG. (Like for HGAC aka Houston Galveston Area COG, their AoA is so frickin’ huge it’s in its own 3 buildings in 3 counties and very separate from its parent entity, HGAC). COGs have other Departments, like transportation, urban & health planning, criminal justice, etc and those Depts all share to some degree in-house legal & expertise within the COG. The ombudsman program for elderly is within the COGs AoA & is set up to dovetail with local APS aka Adult protective services. I bet Capital Area COG can work with thier counterparts at Coastal Bend to get something resolved for your moms situation. That the current POA is incarcerated is going to make things complicated to get documents rescinded or get mail resent etc. and the COG should have contacts within TX penal system to bridge whatever paperwork needs to happen.
If just not realistic for you to do what’s needed, mom can become a ward of the state. What happens is that NH will send warning letter to the resident & thier POA that xyz issues need to be resolved in 30 days. If nothing happens then another gets sent and this one states that APS may be contacted. If nothing happens then APS gets contacted and they ask a judge to issue an emergency ward of the state for the elder and interim guardian is named. Guardian can take over & any old POA cease. Sometimes it’s just for the best as guardian can get a placement, freeze a bank account, deal w SSA, etc. Now once things get resolved, if family want to become guardian they can petition court to be named later on. Sometimes ward of the state is best.
I'm posting what's in your profile because I think it's additionally helpful information:
"I'm my mother's oldest daughter. I live in Austin Mother lives in Corpus Christi tx. I feel That I have the better interest for my mother. My mother put my nephew as POA but he has abused his power and is prison. Nursing home told me that his power of attorney is not in a effect."
Have you asked the NH why his PoA is not in effect? Is there language in a PoA document that prevents people in prison and felons from carrying out this duty? Have you contacted social services to see if you can get emergency guardianship? Do you have actual evidence of his abuses of power? Any court will require this. Maybe it's time to talk to an elder law attorney to get guidance, it will be money well spent.
It is difficult to post this sort of guestion about such a specific area. Can you afford a lawyer who specializes in elder care? Ideally you would have that individual who is in prison removed as POA and you assigned instead. Your mother would need to be of sound mind to agree to this.
Guardianship can be very expensive and a lengthy process but likely necessary if you are dealing with this sort of individual. I hope you arrive at a solution.
If moms NH is contacting you directly to tell you of issues they are encountering, and it still that you r on friendly terms with NH (eg moms bill is current & she is a relatively easy to care for resident), do you think this NH will work with you to get mom to do a new POA naming you? Not guardianship but new POA done?
If NH is telling you that nephew POA no longer has any power it’s likely because he cannot meet standards on being a “fiduciary” as he’s a felon AND also cause he’s in prison so cannot do paperwork needed, like to do a renewal of her admissions contract or show up for or do a conference call for her every 90 days mandatory by Medicare care plan meetings. If your in prison in TX you really are very limited as to what type of mail you can receive….. like if your kid sends you photos or drawings, those cannot be received (literally prison will fold them up to fit a regular envelope and put them in storage or return mail to the sender if the prisoner has $ to do this). You can get a color xerox but no photo or actual artwork. If mail sent to him on your moms behalf is getting returned or just stacking up at the prison, that’s a problem that’s has to be dealt with ASAP.
But I digress, so is it definitely that NH likes you and mom?
Is mom on LTC Medicaid? So she’s a dual: MediCARE & LTC Medicaid?
Is mom current on her bill? So SS $ is going to NH as her copay?
or
is she way past due for her bill and NH is kinda at the point of giving her a 30 day notice to move?
Do you personally & without needing to be reimbursed have 6-10k to up front pay a retainer for atty in Corpus? Ability to do maybe 3-4 during the week several days visits to Corpus between now & Feb?
Do you want to take over as her POA or guardian?
I’d suggest that you figure out the answers on this and then contact Capital Area Council of Governments AAAoA division & the caregiver support & referral program within AAAoA (Area on Aging) to seek guidance on making things happen.
Hang with me on this…. TX has regional planning & governmental coordination bodies called COGs aka Council of Governments. It’s your tax dollars at work. For Travis it’s Capital Area COG. For Nueces it’s Coastal Bend Area COG. Luckily for you both of these COGs have their AoA aka Area on Aging within the COG. (Like for HGAC aka Houston Galveston Area COG, their AoA is so frickin’ huge it’s in its own 3 buildings in 3 counties and very separate from its parent entity, HGAC). COGs have other Departments, like transportation, urban & health planning, criminal justice, etc and those Depts all share to some degree in-house legal & expertise within the COG. The ombudsman program for elderly is within the COGs AoA & is set up to dovetail with local APS aka Adult protective services. I bet Capital Area COG can work with thier counterparts at Coastal Bend to get something resolved for your moms situation. That the current POA is incarcerated is going to make things complicated to get documents rescinded or get mail resent etc. and the COG should have contacts within TX penal system to bridge whatever paperwork needs to happen.
If just not realistic for you to do what’s needed, mom can become a ward of the state. What happens is that NH will send warning letter to the resident & thier POA that xyz issues need to be resolved in 30 days. If nothing happens then another gets sent and this one states that APS may be contacted. If nothing happens then APS gets contacted and they ask a judge to issue an emergency ward of the state for the elder and interim guardian is named. Guardian can take over & any old POA cease. Sometimes it’s just for the best as guardian can get a placement, freeze a bank account, deal w SSA, etc. Now once things get resolved, if family want to become guardian they can petition court to be named later on. Sometimes ward of the state is best.
btw if u r in the zone to hear, enjoy ACL!
"I'm my mother's oldest daughter. I live in Austin Mother lives in Corpus Christi tx. I feel That I have the better interest for my mother. My mother put my nephew
as POA but he has abused his power and is prison. Nursing home told me that his power of attorney is not in a effect."
Have you asked the NH why his PoA is not in effect? Is there language in a PoA document that prevents people in prison and felons from carrying out this duty? Have you contacted social services to see if you can get emergency guardianship? Do you have actual evidence of his abuses of power? Any court will require this. Maybe it's time to talk to an elder law attorney to get guidance, it will be money well spent.
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Guardianship can be very expensive and a lengthy process but likely necessary if you are dealing with this sort of individual. I hope you arrive at a solution.