Due to this her containment her social security check and ability to manage her finances has been made impossible holding back information on anything my father inquires about even threatening my father with counselor saying he was not capable of making or saying anything on my mothers behalf. When he asked for information social Security needed to continue getting her social security check through him or myself as a trustee we were informed to have social security contact them so the court protects who feeling victimized unable to do anything my parents rights are what who fights for the person being contained and the family being destroyed because of it
Otherwise, she can get a court-assigned 3rd party legal guardian if she qualifies as needing one. Then no one else in your family, including your Dad, will have insight into the management or possibly decisions made on her behalf, but the guardian is not an adversary and would work with your Dad to get things done and ensure it doesn't negatively impact him.
Is your Mother older than 65? What are the circumstances that lead up to her containment? You can always contact an elder law attorney.
We honestly cannot know what is going on. But with 6 months' time accrued this sounds as though this is out of your/father's hands, and into management by the State. It sounds as though state guardianship of your mother is a done thing. Is that so?
If the state is now your mother's guardian, then they are responsible to manage all her finances and all her placement needs. They will also receive/make payments with her SS.
I think that you now need an attorney so that you and your father can know the LEGAL disposition of this case. In normal circumstances, with two letters of incompetency, you or your father could be made "representative payees"/guardians for your mother's SS checks. But this isn't normal circumstances. You say your mother is in "containment". This means she is no longer competent and family isn't assigned to her care, but the state fiduciaries are.
You will need to LEGAL facts here. Something we can't guess at or find out for you. We are left only wishing you the very best of luck and hoping you will update us as you work to get information you need. Again, best of luck.
What you have written is not really clear. So sorry if I am not, or others are getting this straight. If the facility now gets Moms SS check and this is causing Dad financial problems, you may need to see an Elder Lawyer. Maybe Mom is on Medicaid in this facility? They have a right to ask for her SS. But...if not having her SS is causing financial problems for Dad, he needs to show that and only an Elder Lawyer can help.
Without the complete story, we really cannot give you much in the way of help. Your Mom was put in a Phychiatric hospital for a reason. She was a danger to herself or others. The State took over for a reason, is Dad incapable of caring for her? Are you incapable of caring for her? The State usually does not take over a person's care without a good reason.
She was self harm &/or at high risk/violence with others? That's usually what depth to get prolonged treatment under “containment” in a facility. The US has shifted away from facility to out-patient treatment. 6 mos in psych hospital is extraordinary.
How was the placement done? 5250? 5300? If so there would have been a court hearing for this, often done at the psych hospital. Has she been made a Ward of the State? Has a Guardian been placed? Something legal has happened (like Ward placement) to remove her husband from any of the usual spousal authority & why. Go over the paperwork as to how she got to where she is as it should give insight as to what her & his legal standing is now. 5300 placements tend to go 90/180 days, to go 6 months there is something very serious. I’m with the others that she probably is now a Ward of the State.
What is your dad wanting from SSA? SSA has in their files both her & his work history, so no need to speak with her regarding that if he’s drawing from both hers & his for his check. Or is it he is trying to get some of her own SSA payment to be paid to him as he feels he needs some of that $ to pay his household costs? So he’s trying to get her SSA $ under the Community Spouse Resource Allowance that States use if 1 spouse is a custodial care resident in a Nursing Home under LTC Medicaid program but the other well spouse continues to live in their old neighborhood?
If this is what he’s trying to do, there could be 2 issues:
1. If she is in a hospital, CRSA probably does not apply.
2. getting CSRA isn’t automatic. If he is on his own eligible for SSA, as long as the payment he receives appears to be adequate for his costs to live in his community, then no CSRA. CSRA becomes a factor mainly if there is a mortgage + car note + extraordinary circumstances. That prior to the admissions into a NH, both of the couples SSA $ was being used to cover basics. It’s this type of community spouse that gets CSRA of some the NH spouses income that otherwise would be paid to the NH as their required Share of Cost.
There was a daughter on this forum, whose Dad in a NH and the mom staying living in their 100+ yr old home with ancient expensive heating system plus had her own pricey drug costs. This mom got all but like $50 of her hubs SSA waived over to her as CSRA. Another was a grandma who prior to entering a NH, was legal guardian with her hubs of grandkid. Grandpa showed he needed her SSA & got it under CSRA waiver. CSRA can happen but you have to document as to why.