Nursing home patients' rights

My grandmother, who is non compis mentis, is in a public nursing home. My father is her only son. She reached her 100th birthday last month and got a letter from the President, as well as a cheque for €2,540. The nursing home are demanding that they hold the letter for her and that the cheque is put into the patients private property account. Are they entitled to do this? I would have thought that her son, being her next of kin, has some say?

Any advice you can give me would be greatly appreciated.

Re: Nursing home patient's rights

Surely your Father has the final say on her cheque from the State. What exactly is the patients account that the nursing home are talking about. Who looks after your Grandmothers affairs.

Re: Nursing home patient's rights

If your father doesn't have power of attorney or she's not a ward of the state, then it's her money and her letter and I don't see anything particularly wrong with the Nursing home insisting that it's kept for her. It's an account in her name, yes?

Re: Nursing home patient's rights

Your grandmother may not be fully mentally competent, however unless your father has power of attorney or she is a ward of court then as far as I know, the nursing home is doing the right thing.Remember, he may be her next of kin , however unless he has power of attorney, he has no legal rights as regards her property.Only when she dies and if he inherits , through a will or intestacy , would he have rights in this regard. The same applies to her medical care. Just because someone is next of kin does not give them automatic rights.

Re: Nursing home patient's rights

Ah the essential hyprocrisy of the HSE, you have to laugh.

The first person they ( I'm guessing) run to for every decision about your grandmothers care is probably your father. If she needs toiletries, or a hair cut or whatever, I'm guessing your father is also called on.

Yet when SHE is entitled to money for some reason your father is regarded as having nothing to do with it.

It is entirely stupid that they would not just give the money to your father who could then use it to help/treat your grandmother in whatever way he deems fit. Otherwise it will sit, doing nothing in the pp a/c until she dies ( and guess who will be entitled to it then?).

Why do the HSE appoint themselves the decision makers on behalf of people in this situation ONLY when there is money involved? It is aggravating in the extreme. Try a complaint to the ombudsmans office.

Re: Nursing home patient's rights

If the next of kin does not have power of attorney I presume the nursing home are within their rights to hold the cheque in the patients account. There have been cases (and I'm by no means saying this is the case here), where elder abuse has taken place by next of kin.
I know it sounds crazy but thats the law.

Thanks for your help everyone.