Elder Law Question please

[NicholasV]

What is the name of your state? NY

Hi there, heres situation will take all legal advice possible.

my elderly mom has now been in and out of hospitals and in two rehabs now for almost 5 months. Currently residing in a nursing home in sayville,ny that has cut her physical therapy deeming her as a lost cause not doing anything else for her but start billing her this thursday june 30th because short term medicare was cancelled because she isnt walking they are ignoring the fact she has fear of falling syndrome therefore is terrified to stand up and always thinks she is falling. they use a hoist to get her into a wheelchair from bed which now they say why bother and leave her in bed. Mom is disabled and due to trauma has cognitive issues and while they offer neurological services they refuse to do anything even when insurance was covering it. their house dr lives in manorville and only comes in the nursing home 1x every few weeks and doesnt call us.

we think she might be eligible for medicaid for 6 months only but have no idea why, yes she has a coop apartment that she plans to return home to and wishes to die in when time comes, her only bank account consists of $3000 inheritance for her grandchildren, her $990 social security check and her $347 disability payment.

if i understand how medicaid works they seize her bank account, they will take money from it leaving her $500 month to pay her maintenance of $1000 and live with no electric, tv or food and now if the co-op is considered an asset she is not eligible for medicaid and if its real property she isnt eligible because of income so we have no idea what we can do to get her into a nursing home as living home is too dangerous for her right now and we cant afford the $736 a day they are billing her and it will only be a short amount of time before a lien goes on co-op and money is drained from it and mom cant pay for anything.

any help is welcome and needed as i cant afford to pay an attorney myself

 

[adjusterjack]

There are a lot of resources online about NY Medicaid. I suggest you start reading.

ny medicaid at DuckDuckGo

 

[quincy]

What is the name of your state? NY

Hi there, heres situation will take all legal advice possible.

my elderly mom has now been in and out of hospitals and in two rehabs now for almost 5 months. Currently residing in a nursing home in sayville,ny that has cut her physical therapy deeming her as a lost cause not doing anything else for her but start billing her this thursday june 30th because short term medicare was cancelled because she isnt walking they are ignoring the fact she has fear of falling syndrome therefore is terrified to stand up and always thinks she is falling. they use a hoist to get her into a wheelchair from bed which now they say why bother and leave her in bed. Mom is disabled and due to trauma has cognitive issues and while they offer neurological services they refuse to do anything even when insurance was covering it. their house dr lives in manorville and only comes in the nursing home 1x every few weeks and doesnt call us.

we think she might be eligible for medicaid for 6 months only but have no idea why, yes she has a coop apartment that she plans to return home to and wishes to die in when time comes, her only bank account consists of $3000 inheritance for her grandchildren, her $990 social security check and her $347 disability payment.

if i understand how medicaid works they seize her bank account, they will take money from it leaving her $500 month to pay her maintenance of $1000 and live with no electric, tv or food and now if the co-op is considered an asset she is not eligible for medicaid and if its real property she isnt eligible because of income so we have no idea what we can do to get her into a nursing home as living home is too dangerous for her right now and we cant afford the $736 a day they are billing her and it will only be a short amount of time before a lien goes on co-op and money is drained from it and mom cant pay for anything.

any help is welcome and needed as i cant afford to pay an attorney myself

Following is a link to New York State’s Office for the Aging. Your mother/you can find free or low-cost assistance through the resources you can find through this Office.

https://aging.ny.gov/get-assistance

You might want to discuss not only the financial concerns you have but also the medical concerns - and detail what your mother is experiencing in the nursing home. Your mother should not be left in bed for extended periods, for example. There is a real risk of her developing bed sores.

 

[commentator]

Okay, you seem to have not much understanding of medicaid and how it works, or exactly what goes on in a skilled nursing facility. When you are talking about "live with no electric, tv and food" you must be talking about somebody else who is living in this condo of your mom's, not her, as electric, tv and food for her would be provided in the nursing home. If a person has no assets, and their care is being paid for by Medicaid at the nursing facility, the small amount they are allowed to keep is pin money, they do not receive less food, electricity or social services if they can't pay more.

And yes, a person who is receving skilled nursing care in a nursing home setting does have to use up their resources to pay for the care before those resources are gone and medicaid takes over the payment fully. A lien is placed against property, but property is not taken till the party has passed.....if someone else is living there.....well, read up on it, apparently you do not understand how this works at all.

The concerns you have about the treatment your mother is receiving or not receiving at the nursing home sound a little poorly understood. If your mother is unwilling to participate in physical therapy, she will not be forced to do so. She cannot be dragged up and forced to do physical therapy especially if she has cognitive issues and doesn't cooperate. She hopefully will not be left against her will to lie in the bed until she gets bed sores, but some people simply cannot get up and down. They can't fix that. How old is your mother? If she is heavy, they probably need a hoist to turn and move and change her. Their goal in a nursing home is care, not to make her well again so she can be back on her feet. Having one doctor for the facility who does not provide day to day care of the patients is not uncommon. But from the sound of it, your mother's wish to return to her condo and die in it does not coincide with her actual physical condition and they cannot cure her and then release her to come home, but rather would provide living conditions in which her needs were met when she was immobile, which you probably would not be able to do without a lot of assistance if she is bedfast and having cognitive issues.