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SHE HAS DEMENTIA AND THE STATE SAID SHE NOW BELONGS TO THE HOSPITAL, THEY WILL TAKE OVER. CAN THEY DO THAT?

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Suggest you find elder care attorney ASAP!
Didn't know that type attny existed until now. When re-doing our POA
They know all the legalities concerning elder law and caring...they will guide you thru it all.....good luck and blessings sending your way.
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Oops. They cannot take over POA... sorry about that.
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They can take over POA even if she is on Medicaid. If the niece has POA with a health care proxy, then she is the one to make decisions. If the niece is POA without the health care proxy, it would take a court appointed guardian to make decisions not the hospital if the patient is not of sound mind, which also takes a court ruling and two doctors declaring she is incompetent. She would only be a ward of the state if a judge declares it through court proceedings. Just because she is on Medicaid does not make this automatically happen. Sounds like a conflict of interest.
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Sorry about the misspelling of POA...good luck
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Not sure about that possibility ...I m going thru the hoops right now to re-do mine and my husbands poa. Because we moved from one state to another and all elements in the previous States do not comply with the new one.
Having said that...it appears that a change of a appointed pow in an instance where the person is incapable of doing any changes to pow...the ccourt wil
intervein and appoint a guardian...a suggestion to contact a elder care attny
As soon as possible..doesn't sound quite right don't really believe the hospital has that right...even if Medicaid is paying...
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Not sure about that possibility ...I m going thru the hoops right now to re-do mine and my husbands poa. Because we moved from one state to another and all elements in the previous States do not comply with the new one.
Having said that...it appears that a change of a appointed pow in an instant where the person is incapable of doing any chandelier to pow...the ccourt will
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If she is on Medicaid, incompetent and is getting benefits from your state, then they probably can exercise their rights since they pay the bills. Unless a POA specifically states your niece has a POA for all her medical needs, then another party can intervene. Either take it to an attorney or discuss with the hospital what their intentions are regarding your mom. Take your niece since you have very little power with her having the POA.
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