Ask The Expert: Can a nursing home apply for a resident's Social Security without resident or power of attorney approval?

posted by: Ben A. Neiburger Elder Law Attorney

You ask if your mother's nursing home can apply to Social Security to have her payments sent directly to them because the state is behind in making its Medicaid payments to them. No. they can't. It is illegal, but many nursing homes do this anyway, illegally. Contact a legal expert to help you.

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Posted by:Jeanne

1/20/2012 3:01:44 PM

My 95 year old mother is in a Florida nursing home (I am her only adult child and live out of state). She was approved for Medicaid while in the nursing home and Medicaid is making payments, but they had her sign a form giving them permission to take her social security payments. She claims she didn't know what she was signing and doesn't want them to take her payments anymore. If she's on Medicaid, does the nursing home have the right to take her social security payments anyway?

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