Episode Transcript
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Speaker 1 (00:00):
This hour of the David Carrier Show is pro bono,
so call in now at seven seven four twenty four
twenty four. This is the David Carrier Show.
Speaker 2 (00:10):
Not only is it pro bono, but it's live. That's right,
we're back back on the air. You were listening to
the very special Daylight Saving Time edition. But we finally
get the string between the ten camps reconnected and so
we are live. We can give us a call if
you'd like six one six seven seven four twenty four
(00:32):
twenty four. That's six one, six seven seven four twenty
four twenty four. We'll get your question, comment or concern, question,
comment or concerned on the air, Very easy to do
six one six seven seven four twenty four to twenty four.
Or you can email me David at David Carrier Law
dot com. Swish that all together, David. You know it's
(00:54):
the only think Carrier again, Law law dot com. Go
to the website we have we have some really neat
stuff on the website. Now, I've been talking about this,
but it's talking back now. It's a AI thingy and
instead of h it's so pretty cool. I mean, I mean,
you uould be able to get basic information right now
(01:16):
you can actually have a conversation with this thing. And
I'm not saying this is it's not legal consultation exactly,
but it is. You know, we've got some very good
feedback on We've had a couple thousand people have actually
tried it, and so far the reactions have been pretty positive.
So you might, you know, you might just get to
try Davidcarrier law dot com. If you have your pop
(01:39):
up pop up the blockers off, this thing will pop
up and you can click the right thing and do
the other thing and then it don't talk to you.
If you have a microphone and you know whatnot it's
not you can always type that's and we've got some
pre loaded questions there. Okay, So that's that's good stuff.
Lots and lots of people coming to the works. I
(02:00):
actually love that. All good things, all good things happening.
So here's here's a let me read you the email.
My father has Alzheimer's and my brother took him to
the bank and switched all his savings into his and
my father's name. Brother took ninety seven year old father
with Alzheimer's to the banks, which the savings my brother
(02:22):
and my father's name. Then he switched the deed to
his house from my father's name to his name. Then
he switched it from his name to a trust name.
What is this called? When this happens, I told him
what he did was illegal. Okay, now here's the thing.
It might be illegal. It might be imbezzlement. It might
be elder abuse, right, it might be elder financial abuse.
(02:44):
It might be really really terrible, horrible stuff or or
and this is the problem, it might be the most
prudent thing he can do for for dad. Because these
are all the sorts of things that we might do
in order to get some I'll qualify for Medicaid for
the long term care. Okay, remember Medicaid is the way
(03:05):
that America pays for long term care. But because you're
not voting anymore, or hardly voting at all. You know,
when you're ninety seven years old with got Alzheimer's, well,
you will be voting, you know that space back, you
will be voting. You just won't have any idea who
you're voting, who you're voting for. And because of that,
you know, they're not particularly worried about stripping away everything
(03:30):
that you have, Unlike with Social Security unlike with medicare. Right,
if they mess with your medicare, if they mess with
your social Security, you'll vote the bums out office. But
that doesn't happen with medicare because it's the last three
years of life typically, according to NIH, typically last three
years of life, and you're not really focused on it,
(03:51):
and it's very confusing. So people typically just assume that
they're going to lose everything. I don't know why they
assume that, other than that's what happens all the time.
So it's a pretty fair assumption that you are gonna
lose everything if you need lung to share, just that
it doesn't have to be that way. And what's going
on here might be brother stealing from that. It might be,
(04:16):
but you have to ask yourself first, is brother going
to steal from dad? You've known him for a while now,
Dad's ninety seven. I'm gonna guess you that you're You're
not your you're not your teams anymore. Right, you probably
know the guy for decades? Is he that guy? You? Now?
If your brother's a drug addict and you know serial
(04:37):
bad guy, Okay, well maybe that's what he's doing. But
let me explain why you would be doing these things.
Number One, you go to the bank and you put
the you put the bank accounts in the kid's name.
Why because or not necessarily you add him to the account.
You can do this with the power of attorney. Problem
(04:59):
with the power attorney, and it depends on what you
did the bat which depends on what you actually did.
But typically they'll put the kid as a co owner
of the account. That happens frequently. Now I'm not saying
this is a good idea, I'm just saying there's a
reason for it, all right. It's not that he's just
stealing the money. You would do it in order for
brother to have patrol over Dad's funds without having to
(05:23):
justify everything through a power of attorney. That's probably why
they did it. Maybe Dad didn't do a power of attorney.
You know, you want to save the money, right anyway,
so you put brother's name on it. So now brother
can pay Dad's bills, brother can move Dad's money around.
Did ah, same thing with the with the house. Now
(05:45):
in some states, right, in some states which you would
definitely do this, you would switch a deed from father's
name to his name. Why would you do that? You
would put it in the kid's name right to keep
it out of probate. Again, not a good way to
do it. There's better ways of doing this, okay, But
I've seen it done this way. So it's not automatically terrible.
(06:09):
Not automatically brother is ripping off Dad. Okay, it could
be maybe brother is stealing Dad's house and everything else.
But the fact that he put it in the trust,
and you know that he put it in the trust,
and how do you know that because because there was
a recorded deed I'm guessing right, how else did you
how else did you know that you saw the went
(06:31):
to the register of deeds there it was okay, fine,
So investment strategies when you've got a single person don't understand, right,
And this is why we keep hounding here to come
to the workshop. The whole We've lowered the cost, we
made it better. It's all wonderful. Now whatever, anyway, why
do we want you to come to the workshop so
you get this done in advance, so that I don't
(06:53):
have brother and sister that you're ripping off dad, and
Dad doesn't know what's going on as much anymore as
the other thing. You know, the fact that Dad has
Alzheimer's or has been diagnosed with Alzheimer, does not mean
that he's mentally incapacity. Right. A lot of people think, oh,
once you have to diagnosis, end of the game, end
of the story, then brother must be ripping off that.
(07:16):
That is not true. In fact, nobody does well hard
than anybody does estate planning, you know, actually focuses on
this stuff unless something has happened, right, Maybe you retired,
Maybe you saw a movie you know where old people
got ripped off. Maybe who knows, something happened to inspire
(07:39):
you to move ahead and finally get it done right.
That that's key. Maybe you listen to a radio show.
God knows. Anyway, The point is, and Alzheimer's diagnosis, a
dementsion diagnosis is very frequently the thing that find Now,
look that's ninety seven years years old. Ninety seven years old,
(08:03):
he's got nothing in place. How do we know this?
Because he didn't have a trust already, all right, he
didn't have powers of attorney. That's why brother had to
put his name on these things had not been done.
He's ninety seven years old. What was he waiting for? What? Well,
apparently he was waiting for the dementia diagnosis. That's what
he was waiting for. And now finally he's gonna get
(08:23):
this thing done. But if you wait till you're ninety
seven years old, okay, if you wait that long, maybe
you waited too long. You gave up all the easy
stuff that you.
Speaker 1 (08:35):
Could have done.
Speaker 2 (08:36):
You give up all the Everybody understands what's going on,
and now you're in the five alarm fire brigade. Okay,
it's like, oh my god, we're gonna lose the house,
which you might very well do. Oh my god, we're
gonna lose all the things which you might very well do.
We're gonna lose everything. And that's bad. Not so much
for the kiddies. You're in your sixties or seventies already,
(08:58):
that's ninety seven years old. For during the fifty sixty
seventies yourselves. Right, The impact is on dad. Okay, So
when dad's on medicaid, he's got a house, he's not savings.
Why don't we preserve those savings so that Dad gets
his own room. You gotta pay extra for that. Dad's
got money, Dad's got a house. Let's use the house.
(09:21):
Let's use Dad's money to pay for this stuff. Could
brother be you know, snively whiplash doing horrible things to Dad? Yes, brother,
it could be. This could all be nefarious. That and
brother is terrible and all the rest of it. But
you don't know that. And in fact, these facts are
very suggestive of somebody who's doing the absolute best they
(09:44):
can to preserve whatever they can for Dad's benefit, even
though he needs long term care, even though he needs
this stuff. It's so important that families get together on
this stuff that you got to back off a little
bit from the oldest of rivalry. You gotta calm down.
You gotta look at what's actually going on. This is
(10:05):
probably okay, could be embezzlement, could be criminal, could be terrible,
but probably not. Dad's ninety seven. Brother hasn't ripped him
off yet. What was he waiting for at the Alzheimer's
Probably not, probably okay, but you do need to dig
into it. You do need those lines of communication. You've
been listening to the David Carrier Show. I'm David Carrier,
(10:27):
your family's personal.
Speaker 1 (10:29):
Attorney, David's perkin and working and taking your calls. Now
this is the David Carrier Show.
Speaker 2 (10:43):
Hello, and welcome back to the David Carrier show. I'm
David Carrier, your family's personal attorney. Hopefully we've got the
other team can straightened out now, so maybe that'll be
maybe that'll be good. Six one six seven twenty four.
That's number to call. Six one six seven seven four
(11:05):
twenty four twenty four. Let's get to another in one
of our emails here, let's see so this one's kind
of this is a little bit different, but there are
some coming out. Here's the idea. I want to know
(11:27):
my legal options. My mother's eighty one years old, is
in a rehab facility for mobility issues, a rehab, so
that means mom went to the nursing home. Excuse me,
Mom went to the hospital and then she went to
a rehab. So she's in a long term care facility,
skilled nursing facility for rehab. The rehab wants to release
her to me, but I'm currently unhoused and live in
(11:49):
my SUV. The rehab does not see my situation as unsafe.
Where did this come from? And if said if I
do not pick her, they would charge me for abandonment.
I have been unhoused for three years and my mother
has been as well. We both lived in my suv
(12:09):
and stayed at a rest area. The reason my mother
went to the hospitals because she's in my SUV. She's
problems with her legs and stops walking all together. I've
had to take her to emergency twice in the past year.
Last time she had sores that were bad. I'm not
surprised living in an SUV's, I guess. And all the
(12:30):
time she was septic and docs told me she had
thirty percent chance of making it through from sitting in
her urine. She has very bad burns as well. I
wonder if that happened in the suv or the rehab facility.
What do you think my mom wants to be released
to me and live in my SUV again. I know
it's not safe for my mother to be in my
SUV ONLCE. I can't give her the care she desperately needs.
(12:51):
I don't know what to do. The answer is nothing,
You do nothing, do nothing. Mom's in rehab now. This
is one of those situations. Okay, this is a tough situation.
But your mom's got pressure sores, problems from sitting in urine,
and I'm guessing it didn't happen in the rehab facility
(13:11):
happened more in you're probably in your suv. Right, that
ain't good. So what are we gonna do? Leave Mom
in the rehab facility? What do you mean? Charge you
with abandonment? What does that mean? That's a non that's nonsense.
What do you mean charge with a band? There's no
charge of abandonment. I mean it's not a thing. You
(13:33):
could be charge of kidnapping. I suppose you could be
charged with false imprisonment. You know, there's things you could
be charged with, you know, neglect, you know, but not
leaving mom in a rehab facility where she's actually likely
to get the care that she actually needs. I just don't.
I mean, that's nonsense. Okay, now here's here's a handy tip.
(13:57):
When you deal with a long term care facility, a hospital,
and when you deal with any business entity, Okay, any
anybody who's trying to interact any organization. Put it that way.
There are different people in the organization, and they're responsible
for different things. Sometimes you got the bill collectors, right,
(14:19):
what are they responsible for? They're responsible for figuring out
how to screw money out of you. That's what they're
responsible for. They will tell you anything anything. Now, if
the facility is good and you've got an abusive person,
build collector will tell you anything, and you won't believe
(14:39):
what they'll oh. If you're not here by two o'clock,
we're putting them out in the parking lot with this
stuff and we're calling a cab, you know. I mean,
these are the sorts of things that you hear. Now,
you can't say that, you're not supposed to say that,
but people do anyway. So here they're charging with abandonment,
which is a nothing. It doesn't exist, right, that's not
(15:01):
a thing. So leave mom at the facility. The facility
cannot cannot kick mom out. Plus with her health issues,
they can't care. I mean, they're not going out right
what they would do, but they would. She's in a
skill nursing facility. Thank goodness. It's a skilled nursing facility.
(15:22):
Because if it was a sisted living then they could
evict her, right, it's not their lookout. But with a
skilled nursing facility, it's like a hospital. You can't just
kick somebody out. You've got to give them the process
you can get to give them due process. You heard
a lot about that recently. Do process here and there. So, yeah,
you got to give them due process, and the process
(15:44):
is set up so that they can't kick out. So basically,
so if you're living with your mom and an suv
and you drop her off at the hospital and then
the hospital said put her in rehab and then they say, Okay,
Mom's ready to sit in the seat of your suv
again for the next three years, it's like, what are
(16:06):
you kidding me? First, you might be dealing with someone
at the facility who's saying that you need to talk
to the admissions person. You need to talk to the
director of nursing. You need to talk to the administrator.
You need to talk to somebody other than who you're
talking to right now, because the person you're talking to
right now might be an unhappy case manager, might be
(16:29):
a case worker, maybe somebody who's responsible with managing the population,
might be responsible for managing the finances, because in all likelihood,
in all likelihood, mom is not going to qualify for
the medicaid. You don't have five years of records. You
can't prove she's entitled. You can't do that. What happened
(16:49):
to her money for the last five years? How are
you going to prove that she's been living in an suv.
I'm gonna guess, although I have seen some suv is
packed with records, you know, pack with pieces of paper.
It might be in there, who knows, But generally speaking,
you're not going to be able to qualify Mom for
the Medicaid. So the facility where she is right now,
(17:12):
the rehab facility, they're stuck with her. That's the way
it is. You can't discharge her. There's no way to
get paid. That's going to be very difficult. They might
come after you, right They might come after you to say, well,
you're taking mom's money, give us mom's social Security, give
us mom's pension, whatever it is Mom has, you've got
(17:34):
to turn over to the facility. They might do that,
but they're not going to charge the abandonment is not
a thing. Abandonment what is that. So they're not going
to do that. But they will want whatever records you've
got financial records, and they will want her social security.
But as far as Mom coming back to you, no,
(17:55):
the answer is no, you don't. You can't take Mom back,
can't do it. And based on what you're saying, based
on the facts here, they're not going to make it
so if you've got a loved one in a long
term care facility and you cannot care for them, do
not take them home. It's a very tough thing sometimes,
you know, people want to bring mom and dad home whatever,
(18:16):
and you got to say, no, we're not bringing mom
and dad home. Why because we can't care for them
at home. You just got to be real about that.
You've got to accept it. So in a situation like this,
the the person who's going to be or the entity
that's going to be most at most put out, is
going to be the facility. Because the facility will not
(18:38):
be able to involuntarily discharge your mom. She's got nowhere
to go, and they're not going to get paid either.
But that's part of the deal, part of the way
the American system is set up. Right, once you're in
a facility, without proving that there's an alternative that's just
as good as the facility, you can't set up bread somebody,
(19:01):
and in this case, there's no way you're going to
be able to do that based on the facts. And
by the way, here's a handy hint. If you're driving
around with your mom for three years in your suv.
Maybe you should drop her off, especially after she got
the pressure sores and the sitting in the urine and
all the rest of this bad burns and stuff. Don't
take your back in the suv. You're not doing her
(19:21):
any favors. Just a handy hint, timely tip. You've been
listening to the David Carrier Show. I'm David Carrier, your
family's personal attorney.
This hour of the David Carrier Show is pro bono,
so call in now at seven seven four twenty four
twenty four. This is the David Carrier Show.
Speaker 2 (00:10):
Not only is it pro bono, but it's live. That's right,
we're back back on the air. You were listening to
the very special Daylight Saving Time edition. But we finally
get the string between the ten camps reconnected and so
we are live. We can give us a call if
you'd like six one six seven seven four twenty four
(00:32):
twenty four. That's six one, six seven seven four twenty
four twenty four. We'll get your question, comment or concern, question,
comment or concerned on the air, Very easy to do
six one six seven seven four twenty four to twenty four.
Or you can email me David at David Carrier Law
dot com. Swish that all together, David. You know it's
(00:54):
the only think Carrier again, Law law dot com. Go
to the website we have we have some really neat
stuff on the website. Now, I've been talking about this,
but it's talking back now. It's a AI thingy and
instead of h it's so pretty cool. I mean, I mean,
you uould be able to get basic information right now
(01:16):
you can actually have a conversation with this thing. And
I'm not saying this is it's not legal consultation exactly,
but it is. You know, we've got some very good
feedback on We've had a couple thousand people have actually
tried it, and so far the reactions have been pretty positive.
So you might, you know, you might just get to
try Davidcarrier law dot com. If you have your pop
(01:39):
up pop up the blockers off, this thing will pop
up and you can click the right thing and do
the other thing and then it don't talk to you.
If you have a microphone and you know whatnot it's
not you can always type that's and we've got some
pre loaded questions there. Okay, So that's that's good stuff.
Lots and lots of people coming to the works. I
(02:00):
actually love that. All good things, all good things happening.
So here's here's a let me read you the email.
My father has Alzheimer's and my brother took him to
the bank and switched all his savings into his and
my father's name. Brother took ninety seven year old father
with Alzheimer's to the banks, which the savings my brother
(02:22):
and my father's name. Then he switched the deed to
his house from my father's name to his name. Then
he switched it from his name to a trust name.
What is this called? When this happens, I told him
what he did was illegal. Okay, now here's the thing.
It might be illegal. It might be imbezzlement. It might
be elder abuse, right, it might be elder financial abuse.
(02:44):
It might be really really terrible, horrible stuff or or
and this is the problem, it might be the most
prudent thing he can do for for dad. Because these
are all the sorts of things that we might do
in order to get some I'll qualify for Medicaid for
the long term care. Okay, remember Medicaid is the way
(03:05):
that America pays for long term care. But because you're
not voting anymore, or hardly voting at all. You know,
when you're ninety seven years old with got Alzheimer's, well,
you will be voting, you know that space back, you
will be voting. You just won't have any idea who
you're voting, who you're voting for. And because of that,
you know, they're not particularly worried about stripping away everything
(03:30):
that you have, Unlike with Social Security unlike with medicare. Right,
if they mess with your medicare, if they mess with
your social Security, you'll vote the bums out office. But
that doesn't happen with medicare because it's the last three
years of life typically, according to NIH, typically last three
years of life, and you're not really focused on it,
(03:51):
and it's very confusing. So people typically just assume that
they're going to lose everything. I don't know why they
assume that, other than that's what happens all the time.
So it's a pretty fair assumption that you are gonna
lose everything if you need lung to share, just that
it doesn't have to be that way. And what's going
on here might be brother stealing from that. It might be,
(04:16):
but you have to ask yourself first, is brother going
to steal from dad? You've known him for a while now,
Dad's ninety seven. I'm gonna guess you that you're You're
not your you're not your teams anymore. Right, you probably
know the guy for decades? Is he that guy? You? Now?
If your brother's a drug addict and you know serial
(04:37):
bad guy, Okay, well maybe that's what he's doing. But
let me explain why you would be doing these things.
Number One, you go to the bank and you put
the you put the bank accounts in the kid's name.
Why because or not necessarily you add him to the account.
You can do this with the power of attorney. Problem
(04:59):
with the power attorney, and it depends on what you
did the bat which depends on what you actually did.
But typically they'll put the kid as a co owner
of the account. That happens frequently. Now I'm not saying
this is a good idea, I'm just saying there's a
reason for it, all right. It's not that he's just
stealing the money. You would do it in order for
brother to have patrol over Dad's funds without having to
(05:23):
justify everything through a power of attorney. That's probably why
they did it. Maybe Dad didn't do a power of attorney.
You know, you want to save the money, right anyway,
so you put brother's name on it. So now brother
can pay Dad's bills, brother can move Dad's money around.
Did ah, same thing with the with the house. Now
(05:45):
in some states, right, in some states which you would
definitely do this, you would switch a deed from father's
name to his name. Why would you do that? You
would put it in the kid's name right to keep
it out of probate. Again, not a good way to
do it. There's better ways of doing this, okay, But
I've seen it done this way. So it's not automatically terrible.
(06:09):
Not automatically brother is ripping off Dad. Okay, it could
be maybe brother is stealing Dad's house and everything else.
But the fact that he put it in the trust,
and you know that he put it in the trust,
and how do you know that because because there was
a recorded deed I'm guessing right, how else did you
how else did you know that you saw the went
(06:31):
to the register of deeds there it was okay, fine,
So investment strategies when you've got a single person don't understand, right,
And this is why we keep hounding here to come
to the workshop. The whole We've lowered the cost, we
made it better. It's all wonderful. Now whatever, anyway, why
do we want you to come to the workshop so
you get this done in advance, so that I don't
(06:53):
have brother and sister that you're ripping off dad, and
Dad doesn't know what's going on as much anymore as
the other thing. You know, the fact that Dad has
Alzheimer's or has been diagnosed with Alzheimer, does not mean
that he's mentally incapacity. Right. A lot of people think, oh,
once you have to diagnosis, end of the game, end
of the story, then brother must be ripping off that.
(07:16):
That is not true. In fact, nobody does well hard
than anybody does estate planning, you know, actually focuses on
this stuff unless something has happened, right, Maybe you retired,
Maybe you saw a movie you know where old people
got ripped off. Maybe who knows, something happened to inspire
(07:39):
you to move ahead and finally get it done right.
That that's key. Maybe you listen to a radio show.
God knows. Anyway, The point is, and Alzheimer's diagnosis, a
dementsion diagnosis is very frequently the thing that find Now,
look that's ninety seven years years old. Ninety seven years old,
(08:03):
he's got nothing in place. How do we know this?
Because he didn't have a trust already, all right, he
didn't have powers of attorney. That's why brother had to
put his name on these things had not been done.
He's ninety seven years old. What was he waiting for? What? Well,
apparently he was waiting for the dementia diagnosis. That's what
he was waiting for. And now finally he's gonna get
(08:23):
this thing done. But if you wait till you're ninety
seven years old, okay, if you wait that long, maybe
you waited too long. You gave up all the easy
stuff that you.
Speaker 1 (08:35):
Could have done.
Speaker 2 (08:36):
You give up all the Everybody understands what's going on,
and now you're in the five alarm fire brigade. Okay,
it's like, oh my god, we're gonna lose the house,
which you might very well do. Oh my god, we're
gonna lose all the things which you might very well do.
We're gonna lose everything. And that's bad. Not so much
for the kiddies. You're in your sixties or seventies already,
(08:58):
that's ninety seven years old. For during the fifty sixty
seventies yourselves. Right, The impact is on dad. Okay, So
when dad's on medicaid, he's got a house, he's not savings.
Why don't we preserve those savings so that Dad gets
his own room. You gotta pay extra for that. Dad's
got money, Dad's got a house. Let's use the house.
(09:21):
Let's use Dad's money to pay for this stuff. Could
brother be you know, snively whiplash doing horrible things to Dad? Yes, brother,
it could be. This could all be nefarious. That and
brother is terrible and all the rest of it. But
you don't know that. And in fact, these facts are
very suggestive of somebody who's doing the absolute best they
(09:44):
can to preserve whatever they can for Dad's benefit, even
though he needs long term care, even though he needs
this stuff. It's so important that families get together on
this stuff that you got to back off a little
bit from the oldest of rivalry. You gotta calm down.
You gotta look at what's actually going on. This is
(10:05):
probably okay, could be embezzlement, could be criminal, could be terrible,
but probably not. Dad's ninety seven. Brother hasn't ripped him
off yet. What was he waiting for at the Alzheimer's
Probably not, probably okay, but you do need to dig
into it. You do need those lines of communication. You've
been listening to the David Carrier Show. I'm David Carrier,
(10:27):
your family's personal.
Speaker 1 (10:29):
Attorney, David's perkin and working and taking your calls. Now
this is the David Carrier Show.
Speaker 2 (10:43):
Hello, and welcome back to the David Carrier show. I'm
David Carrier, your family's personal attorney. Hopefully we've got the
other team can straightened out now, so maybe that'll be
maybe that'll be good. Six one six seven twenty four.
That's number to call. Six one six seven seven four
(11:05):
twenty four twenty four. Let's get to another in one
of our emails here, let's see so this one's kind
of this is a little bit different, but there are
some coming out. Here's the idea. I want to know
(11:27):
my legal options. My mother's eighty one years old, is
in a rehab facility for mobility issues, a rehab, so
that means mom went to the nursing home. Excuse me,
Mom went to the hospital and then she went to
a rehab. So she's in a long term care facility,
skilled nursing facility for rehab. The rehab wants to release
her to me, but I'm currently unhoused and live in
(11:49):
my SUV. The rehab does not see my situation as unsafe.
Where did this come from? And if said if I
do not pick her, they would charge me for abandonment.
I have been unhoused for three years and my mother
has been as well. We both lived in my suv
(12:09):
and stayed at a rest area. The reason my mother
went to the hospitals because she's in my SUV. She's
problems with her legs and stops walking all together. I've
had to take her to emergency twice in the past year.
Last time she had sores that were bad. I'm not
surprised living in an SUV's, I guess. And all the
(12:30):
time she was septic and docs told me she had
thirty percent chance of making it through from sitting in
her urine. She has very bad burns as well. I
wonder if that happened in the suv or the rehab facility.
What do you think my mom wants to be released
to me and live in my SUV again. I know
it's not safe for my mother to be in my
SUV ONLCE. I can't give her the care she desperately needs.
(12:51):
I don't know what to do. The answer is nothing,
You do nothing, do nothing. Mom's in rehab now. This
is one of those situations. Okay, this is a tough situation.
But your mom's got pressure sores, problems from sitting in urine,
and I'm guessing it didn't happen in the rehab facility
(13:11):
happened more in you're probably in your suv. Right, that
ain't good. So what are we gonna do? Leave Mom
in the rehab facility? What do you mean? Charge you
with abandonment? What does that mean? That's a non that's nonsense.
What do you mean charge with a band? There's no
charge of abandonment. I mean it's not a thing. You
(13:33):
could be charge of kidnapping. I suppose you could be
charged with false imprisonment. You know, there's things you could
be charged with, you know, neglect, you know, but not
leaving mom in a rehab facility where she's actually likely
to get the care that she actually needs. I just don't.
I mean, that's nonsense. Okay, now here's here's a handy tip.
(13:57):
When you deal with a long term care facility, a hospital,
and when you deal with any business entity, Okay, any
anybody who's trying to interact any organization. Put it that way.
There are different people in the organization, and they're responsible
for different things. Sometimes you got the bill collectors, right,
(14:19):
what are they responsible for? They're responsible for figuring out
how to screw money out of you. That's what they're
responsible for. They will tell you anything anything. Now, if
the facility is good and you've got an abusive person,
build collector will tell you anything, and you won't believe
(14:39):
what they'll oh. If you're not here by two o'clock,
we're putting them out in the parking lot with this
stuff and we're calling a cab, you know. I mean,
these are the sorts of things that you hear. Now,
you can't say that, you're not supposed to say that,
but people do anyway. So here they're charging with abandonment,
which is a nothing. It doesn't exist, right, that's not
(15:01):
a thing. So leave mom at the facility. The facility
cannot cannot kick mom out. Plus with her health issues,
they can't care. I mean, they're not going out right
what they would do, but they would. She's in a
skill nursing facility. Thank goodness. It's a skilled nursing facility.
(15:22):
Because if it was a sisted living then they could
evict her, right, it's not their lookout. But with a
skilled nursing facility, it's like a hospital. You can't just
kick somebody out. You've got to give them the process
you can get to give them due process. You heard
a lot about that recently. Do process here and there. So, yeah,
you got to give them due process, and the process
(15:44):
is set up so that they can't kick out. So basically,
so if you're living with your mom and an suv
and you drop her off at the hospital and then
the hospital said put her in rehab and then they say, Okay,
Mom's ready to sit in the seat of your suv
again for the next three years, it's like, what are
(16:06):
you kidding me? First, you might be dealing with someone
at the facility who's saying that you need to talk
to the admissions person. You need to talk to the
director of nursing. You need to talk to the administrator.
You need to talk to somebody other than who you're
talking to right now, because the person you're talking to
right now might be an unhappy case manager, might be
(16:29):
a case worker, maybe somebody who's responsible with managing the population,
might be responsible for managing the finances, because in all likelihood,
in all likelihood, mom is not going to qualify for
the medicaid. You don't have five years of records. You
can't prove she's entitled. You can't do that. What happened
(16:49):
to her money for the last five years? How are
you going to prove that she's been living in an suv.
I'm gonna guess, although I have seen some suv is
packed with records, you know, pack with pieces of paper.
It might be in there, who knows, But generally speaking,
you're not going to be able to qualify Mom for
the Medicaid. So the facility where she is right now,
(17:12):
the rehab facility, they're stuck with her. That's the way
it is. You can't discharge her. There's no way to
get paid. That's going to be very difficult. They might
come after you, right They might come after you to say, well,
you're taking mom's money, give us mom's social Security, give
us mom's pension, whatever it is Mom has, you've got
(17:34):
to turn over to the facility. They might do that,
but they're not going to charge the abandonment is not
a thing. Abandonment what is that. So they're not going
to do that. But they will want whatever records you've
got financial records, and they will want her social security.
But as far as Mom coming back to you, no,
(17:55):
the answer is no, you don't. You can't take Mom back,
can't do it. And based on what you're saying, based
on the facts here, they're not going to make it
so if you've got a loved one in a long
term care facility and you cannot care for them, do
not take them home. It's a very tough thing sometimes,
you know, people want to bring mom and dad home whatever,
(18:16):
and you got to say, no, we're not bringing mom
and dad home. Why because we can't care for them
at home. You just got to be real about that.
You've got to accept it. So in a situation like this,
the the person who's going to be or the entity
that's going to be most at most put out, is
going to be the facility. Because the facility will not
(18:38):
be able to involuntarily discharge your mom. She's got nowhere
to go, and they're not going to get paid either.
But that's part of the deal, part of the way
the American system is set up. Right, once you're in
a facility, without proving that there's an alternative that's just
as good as the facility, you can't set up bread somebody,
(19:01):
and in this case, there's no way you're going to
be able to do that based on the facts. And
by the way, here's a handy hint. If you're driving
around with your mom for three years in your suv.
Maybe you should drop her off, especially after she got
the pressure sores and the sitting in the urine and
all the rest of this bad burns and stuff. Don't
take your back in the suv. You're not doing her
(19:21):
any favors. Just a handy hint, timely tip. You've been
listening to the David Carrier Show. I'm David Carrier, your
family's personal attorney.
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