Nursing home cashes out my Fathers IRA.

[justalayman]

I had to look up what mensch meant. For some reason I thought it was a derogatory statement but obviously was 180º off on that.


now is the time for your work to start. You need to do a lot of research regarding debts he will likely incur and where you might be able to get assistance for those bills his assets won't cover. I surely don't envy your situation. Look for any source, both government and private, that may offer assistance, not only financially but in helping to understand the situation you are dealing with. Had you known of the limitations of the POA, you may have been able to seek a guardianship or conservatorship and not had the issue you are dealing with now. Not that those are cure alls but they would have prevented this from happening as it has. If you do consider either, do a lot of research before jumping on that boat. There is a lot of additional responsibility when taking on either of those and it may not be of any benefit overall in the end.

 

[anteater]

I had to look up what mensch meant.

You've led a sheltered life.


And, just to clarify, I don't condone what the nursing home people did. (Perhaps, they really did think that the father was competent at the time this transaction occurred. Doubt it, but there is the possibility.)

But, given that we are talking about applying for Medicaid and asset spend down, is it really worth the time and effort to fight them?

 

[justalayman]

You've led a sheltered life.

Small town, farming, and lots and lots of wasps. Not much else.

 

[You Are Guilty]

I guess I'm the NY schmuck everyone was waiting for. I see I've missed the boat as far as explaining how a POA operates, but let's keep in mind that just because dad could have lucid moments doesn't mean he actually did. Might be a good time to consult with Dad's neuro to see what his thoughts on the possibility of a lucid moment.

But like all similar situations - it's time to follow the money. Dad withdrew $28k. Where did it go?

Depending on the answer to that, there may be some avenues one can pursue without having to get an attorney involved. (Just off the top of my head: Adult Services http://ocfs.ny.gov/main/localdss.asp and DOH https://apps.health.ny.gov/nursing_homes/complaint_form/complain.action).

 

[anteater]

I guess I'm the NY schmuck everyone was waiting for.

You're going to send justalayman back to the dictionary!

 

[LdiJ]

Well , thank you for shedding the light as I was tunnel visioned into that one sentence on the POA that I forgot that this is his money. I just was surprised to hear he took it out. I had told him many times that I "got this" and I did, but never got the chance to show him. I did call the Ombudsman Program (TY i'm the father) and spoke to them. They are going to some kind of investigation, but I told them that my Dad is happy there even though there ethics are in question imo, I want him to stay there and be treated like a mensch.
justalayman, I am grateful you took the time to shed the light even though I did not want to hear it. I just cant get over the point that I cant pay the Dr's, Ambulates, who I think will keep him alive but could turn him down now, I don't know why DSS and the home asked me for all his medical bills if they were going to let me pay some of them (probably over 200k in bills from the past year.) Good luck to anyone who has a loved one with this disease, it is very swift and difficult to deal with.

I suspect that enough money was owed to the nursing home that they felt like they had to pull out the stops to get paid, since you wanted to wait for the Medicaid decision to pay them. I suspect that if you had withdrawn enough to keep them paid current, that they would not have taken that step. I still find the step they took highly disturbing,...and potentially illegal/unethical but I think that is why they did it.

You have another problem. Its possible that no tax withholding came out of that money or that not enough withholding came out of that money. Therefore its highly probable that when you file a tax return for your father that he is going to owe tax...potentially a significant amount for his income level.