D
Dontknow Asked December 2018
Can a POA (my sister) prevent me from moving my mom in with me?
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If she has Medicaid it will need to be applied for in TX & this could take some time as you will have to apply and there are residency factors in that you will need to prove your mother is a Texas resident.
It’s difficult but think with your head not your heart.
I also think your sister can stop you as she has POA, or at least throw a monkey wrench into the situation & take legal action to get guardianship over your mother. Filing for & obtaining guardianship takes time and lots of money. Do you have the financial resources to pay for an attorney to represent you?
Mom has dementia and may not even remember if your sister has been there or not.
I hope it works out for you but my gut feeling is that you’re biting off way more than you can chew.
So my answer is yes, her POA is now in effect. The facility should not be handing Mom over to you either without talking to the POA. If you insist, the police could be called in. You really have no legal standing here.
Your profile says you have stage 4 cancer. How do you think you can care for a Dementia patient? I don't think you realize the care involved.
If your Mom is on Medicaid [which is different than Medicare], Medicaid stops at the State line. Thus, once your Mom passes over the MN State line, she is no longer on Medicaid. Once in Texas, your Mom will need to start the Medicaid applying process all over again, which could take awhile.
Please reconsider.
My mother, prior to being placed in a psych ward, then memory care, she moved from my sisters home, to her own apartment. She would catch the bus to go shopping, go to the movies etc. Not once did she not pay rent and bills. This was just 6 months ago.
I am now done with my health issues. And feel I can care for her, if needed.
I'm pretty sure she is on Medicaid after her POA got done with the finances, if you know what I mean. Last I know she was on Medicare, when she lived with me in another state.
Mom went back to MN when I moved to TX, and now has been placed, first in a psych ward and now memory care against her own will. When I talk to my mother, she says "can't I revoke, the POA". "Can they really hold me here, against my will". Would a full blown dementia patient be able to communicate that to me?
I thought about being charged for kidnapping my own mother. When I talk to her and she says "come get me", is that kidnapping?
I believe if I can get to her early enough I can slow some of the dementia down as I know what she does and does not like. I want to get her while she still can talk.
How are you going to provide that?
How is her care being paid for? You could jeopardize future care coverage.
If you do not have the POA’s permission to take Mum to your house out of state you could face kidnapping charges.
Mom’s care is your sister’s #1 concern and as POA, it’s her duty to make sure Mom is well-cared for and has all she needs. If she allows you to move Mom in and it’s proven that you aren’t taking care of her properly (not saying this would happen—just a “what if”) your sister could be in big trouble if someone reports it.
Caring for someone is a big responsibility that takes lots of preparation. It shouldn’t be a bone of contention between family members. Sister is just looking out for Mom.