Cousin in nursing home anxiously watching mail for a check for unclaimed property from the state (PA). We knew from state website it was mailed but never came to her. We asked staff about it, they said it was not in the building. Three weeks after it was mailed i called the Unclaimed Property office to report it was not received. Today, the bill comes from the nursing home and the value of check is listed as a "credit" (payment) toward her bill! I have emailed and asked how did this check (made out to the resident) get deposited without her actually receiving it! Thought I would ask here if it is normal for nursing homes to go thru patient mail and take envelopes obviously containing checks? (she was on Medicaid then we sold the house and went to private pay, check taken 6 weeks after house sale) Can't wait to hear the administration's reply....
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I'm really find this to be quite an arrogant act.
Let's say, just for illustrative purposes, that something like this happened:
The mail arrived at the NH.
Your cousin's letters were duly delivered to her in her room.
She gave the repayment letter and check to a worker, saying she wasn't sure if this was the letter she was expecting or how how to deal with it.
The worker didn't know either, and toddled off with it to the office, and handed it to an administrator.
The administrator, later that morning, popped to your cousin's room and asked her to endorse the check - just handing her the check, reversed, and a pen, and saying "sign here please." Your cousin obligingly did so and asked no questions.
The check was paid in.
Your cousin did not connect any of the above with the letter she was expecting.
Everybody over the next three weeks was referring to this letter and understanding the words 'unclaimed property check' in different ways.
So, let's suppose it's something as innocent as the above, nobody actually being a weasel. It's STILL not okay. Because ANY such interactions or transactions should have been documented in detail in your cousin's notes. They can use this as an opportunity for teaching and learning.
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We will follow up to confirm how/who/what happened and politely but firmly stress this should not happen. No other government checks like this will be forthcoming. And i will stress to her friends to be cautious when mailing her anything. Thanks everyone for your input, especially AlvaDeer, you are a love.
Saying that, I would like to know how the NH was able to cash her check without Moms signature. I would ask the state if it was possible to get the back and front of the check. That you as POA did not endorse the check and Mom didn't either as far as she remembers. If found that the signature is fraudulent, then I would take it to the Administrator.
If you signed nothing saying the NH is allowed to open mail, then they were wrong in doing so unless a written policy. Your Mom is a resident not a prisoner. When you get all the info together, take it to the Post Master at the PO that deliveries that facilities mail.
Come back and tell us what happens.
Taking the money is Fraud and Financial Fraud of an Elderly Person...they can lose their licence!
There is a common misbelief that you can have No Money if you are on Medicaid. Wrong!
You did not say how much $ was involved, but the obligation is to report it to Medicaid. It is likely that her total assets are now below the $2,000 plus car, buria contract and homeowner exemption. Any money spent on her needs, OTC meds & supplements, hearing aid batteries, transpotation to appointments, meals when out for medical care are allowable expended.
If she was at the max. of the $2K limit, Medicaid could require a spend down, but facility is committing a crime by taking that money without her full, clear and informed knowledge.
I would write asking for a refund of the credit...an overpayment...and CC State Representative, Medicaid Ombudsman, State NH Licensing Bureau, States Attorney. Send it certified, return receipt requested to NH.
They will be eager to settle out of court with your cousin, but there will still be a paper trail if they try this with anyone else.
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