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My older brother, who was dying of cancer, placed my mom into an independent living situation that provides zero care but costs as much as assisted living. My mom was starting to suffer with dementia and he made an awful choice then died. I am the successor agent for my mom with healthcare and financial POV, which requires a bunch of assessments to declare her incompetent. I’m in the process of going through that now. Every doctor has said she needs assisted living, but until I get the legal certification, the place where she lives refuses to let me or her have access to her contract to see if she has continuing care, which is typically built into the contract. I’m a hundred percent certain she put down 400 grand from the sale of her house there. However they keep telling me I now have to pay another 7000 a month. They have been utterly hostile and have taken her away from me and locked her in a room when I walked her in to personally get the contract. Turns out my mom went to some little conference the held there on elder abuse and told them I was stealing her money. This is of course a paranoid delusion. I hired attorney who said there’s nothing I can do until I have full power of attorney which could take another month with testing. Meanwhile I can’t give my mom a safe living environment because these greedy jerks won’t tell me if she’s paid for it. Has anyone dealt with something insane like this?

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There is a reason why they are not allowing her to have a copy. This must be against some law?
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Frustratedcare Jul 2023
They are claiming I don't have power of attorney, but they absolutely should give her the contract. That's what I'm saying, it's super scammy.
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Just a thought, wonder if they could be held responsible if Mom has an accident and its caused because she should have been in an AL. You have a doctor saying thats where she needs to be. If they had allowed you to look at the contract, Mom would have been in a safer place. You don't have to have Dementia to go to an AL, you because you need more care that independent living is not giving you.
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Does the POA say Mom needs all that testing. Mine just said I needed her doctor to declare her incompetent to make informed decisions. I would think a letter from a Neurologist would be good enough.

Does your Mom not have a copy of this agreement? Did a lawyer review it before she entered the facility? Maybe he has a copy.

You need to be careful with these CCRCs. A friend of mine was a POA for her SIL. The woman lived in the independent part. She had a stroke and was transferred to the LTC section. They billed my friend for the LTC. The contract read that upon entering LTC, 90% of the money initially put down would go for the persons care in LTC. They disagreed she threatened a lawyer and if won, would bevtaking her SIL out of the community. She did not have to get a lawyer because she was right and they knew it.
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Frustratedcare Jul 2023
That's what I'm afraid of. I have springing power of authority and in texas it requires a process that's out of hand.
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Call APS for her county and talk to a social worker about this situation. You may be able to get emergency guardianship. Was this option ever mentioned by your attorney?
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Frustratedcare Jul 2023
They did not mention it because I have springing power of attorney.
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