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  1. #1

    Question Why Would a Nursing Home Petition for Guardianship of a Resident

    My question involves a person located in the state of: MA

    I have an estranged aunt who I recently discovered was in a nursing home in MA. Her children have written her off and she only had 1 friend we knew of and we have no contact info for her.

    She definitely has some type of dementia or similar issue, although she is with it much of the time and has a very good memory considering she's in her late 70s.

    She has been asking the staff to call the police and to call a lawyer because she doesn't know why she is there, she doesn't think it's legal that they put her there. She ays they are pumping her full of drugs and she doesn't like it. She is in a locked wing with other elderly patients and we didn't see what meds they ahve her on, so we aren't sure if that's paranoia or reality.

    We (my sisters and I) are working to find out how she got admitted there, as we know it's a medicaid accepting facility and she is on that.

    We checked local court records and the home itself is suing her for guardianship. She has no lawyer representing her, the case was only filed a few weeks ago.

    They filed the petition and listed themselves as the proposed fiduiciary contact as well.

    Is this normal? We never had to deal with this with our parents since my Mom was living when my Dad was in a home, she had power of attorney over him. So we weren't sure if this was typical and if this was just the state's way to get their money back when she passes, or if there is any cause for concern.

    She definitely needs someone to be her guardian, but just seemed odd that it was the nursing home requesting it.

    Thanks for any advice you may have.

    Rae

  2. #2
    Join Date
    Jun 2011
    Posts
    157

    Default Re: Elder Law / Guardianship in Ma

    It's not uncommon for a nursing home to file for guardianship if a person needs to apply for Medicaid but is mentally unable to assist in the process.

  3. #3

    Default Re: Elder Law / Guardianship in Ma

    OK That makes sense, thank you.

  4. #4
    Join Date
    Jun 2014
    Posts
    3,030

    Default Re: Elder Law / Guardianship in Ma

    Medicaid will recoup what they paid for her medical care through Estate Recovery, if there is an estate. She gave permission for this when she applied for Medicaid and when she entered the nursing home.

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