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Estranged family member diagnosed with brain damage


Pegasus
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He can no longer make legal decisions for himself but has isolated himself for many years and has no one designated that can make legal/financial decisions for him via a power of attorney or living will. He is not able to answer basic questions.

 

The hospital case worker has been calling repeatedly wanting information on past health history, possible insurance, financial information, etc., which we do not have. I have no idea where to go from here. The case worker has indicated that he will remain in the hospital until he is placed in a nursing home. The nursing home won't take him until he is approved for the state insurance for the indigent.  The state won't accept him for the program until they get financial documentation to verify his need. We have no legal authority to access his financial accounts (if he even has any!) to gather information and no desire to spend our own financial resources pursuing a court ordered power of attorney.

 

Any ideas?

 

 

 

 

 

 

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I'm sorry you're going through this. I really have no idea what anyone can do if the powers-that-be are demanding information that you simply have no access to. And if nobody has access to it, I think the best possible solution is to try to move the process along more quickly to get him under a court-appointed.

 

I completely get not wanting to spend money on this, but it sounds like you're at least slightly invested (due to the fact that you feel concern regarding what you can, and cannot, do in the situation, even while knowing your personal limits). I would be inclined to see if there are any more phone calls you can make, to certain people, to move this along faster. Your relative is NOT the first (or even remotely the "only") elderly person to enter the hospital with no relatives available with information.

 

ETA: the hospital is not the worst place for him to be. I can only speak from very limited personal experience, but in my FIL's case the hospital was far preferable to a nursing home when we got to the point where quality of life was sincerely an issue, and he received excellent care in the hospital.

Edited by AimeeM
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The next time the hospital social worker calls, suggest she ask the court to appoint a guardian ad litem and / or a fiduciary for him since you have no information about him and are unable to help. She should be able to take it from there, which would entail her calling county social services. The guardian ad litem and/or fiduciary will have the authority to search for bank accounts and to make decisions about their use as well as to decide, on his behalf, where he should live and manage his current and future financial affairs. You can decide if you want to volunteer for either of these roles. If you do, you will likely be appointed. If you do not, social services will have a policy in place to take care of it. Sometimes it just takes a suggestion of the next step in order for the person in charge to take it.

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I think you should just tell the Case Worker that you do not have any of the information she is seeking and that you do not know where to get that information.  Also, I would suggest to her that she go to whatever agency in that state gets involved in this type of case. Legal Aid society doesn't seem to fit well with this. It is like he exists, but with no background information available, regarding medical history, possible financial assets, possible insurance coverage, etc. Somewhat of a mystery.  If they have his Legal name and his SSN hopefully with a Court Order the proper person/agency can try to find out whether or not any of the information they seek exists.  OP you sound concerned and that is wonderful, but I don't see anything you can do other that what you have already done.  And, I would also be curious how they were able to contact you...

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