How can my husband get paid for being POA if the money is all going to the nursing home?
My husband has been POA for his aunt for about three years now. In the paperwork it states he is entitled to payment for his services. His aunt has now used all of her assets to pay for her nursing home care and is needing to go on Illinois public aide. We have been told two different things: One that he is in fact entitled to payment, and two, that because she still has outstanding bills to the nursing home and that she is needing to go onto public assistance then he is not entitled to payment. We don't know what to do.
Expert Answer
Confusingly, both things may be true.
An agent in a power of attorney that expressly allows for compensation is entitled to get it. And in practical effect, once a person's care is funded by Medi-caid, it often becomes unnecessary for the agent to do much work. In many cases, the nursing home takes over and is then required to manage finances and provide an accounting to those interested.
You might get the best hands-on advice from the regional ombudsman"”the person charged with advocated for residents and their families in the long-term care system. You can find the local ombudsman through the website run by the Illinois Department on Aging at www.state.il.us/aging/1abuselegal/ombuds.htm.