Just want to make clear, if Mom is competent, she can draw money from her PNA. The only way she wouldn't be able to withdrawl is if there is no money in the acct. The money comes from her SS and SHE is entitled to it.
If you are talking about the Personal Needs Acct where a small amount from her SS goes into, no you can't withdraw money. If they r "with it" she can take money out or authorize it to be taken out. It can be used to have her hair done, to buy soda or snacks from the vending machine. If you buy her something she has requested you would need to show the receipt to the clerk and get reimbursed but person would have to give permission I would think.
If you have POA because person is found incompetent, then you may be able to get reimbursed with proof. No money is handed over.
Once the person passes, the Executor proves they have a short certificate and a check will be issued and put into the estate acct.
Sounds like the NH arranged to set up a trust for your mother. Questions: what funds are being deposited? Are there any accountants or attorneys involved to monitor the trust management?
Was your mother in agreement? Assuming the funds are hers and for her benefit, I'm thinking she must have signed something allowing the trustees to take control.
I'm assuming your mother is the one who deposited the funds (and that she is the NH resident).
Here is an excerpt from the article link I included that speaks to your situation:
"Trust Fund Money Still Belongs to Residents Setting up a trust fund with a nursing home is not equivalent to turning over complete control of a resident’s money to the facility. Residents retain ownership of their respective funds in the trust and have the right to access them at any time. Furthermore, each resident’s transactions must be individually accounted for and kept separate from the facility’s operating funds. The resident (or their appointed financial representative) is the one who decides what to do with the money in the account."
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If you have POA because person is found incompetent, then you may be able to get reimbursed with proof. No money is handed over.
Once the person passes, the Executor proves they have a short certificate and a check will be issued and put into the estate acct.
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Sounds like the NH arranged to set up a trust for your mother. Questions: what funds are being deposited? Are there any accountants or attorneys involved to monitor the trust management?
Was your mother in agreement? Assuming the funds are hers and for her benefit, I'm thinking she must have signed something allowing the trustees to take control.
Here is an excerpt from the article link I included that speaks to your situation:
"Trust Fund Money Still Belongs to Residents
Setting up a trust fund with a nursing home is not equivalent to turning over complete control of a resident’s money to the facility. Residents retain ownership of their respective funds in the trust and have the right to access them at any time. Furthermore, each resident’s transactions must be individually accounted for and kept separate from the facility’s operating funds. The resident (or their appointed financial representative) is the one who decides what to do with the money in the account."
https://www.agingcare.com/articles/things-to-know-about-nursing-home-trust-funds-162627.htm
Is this a trust that was established in mom's name?