I suspect that my step sibling is no longer responding to me or paying my mothers bills so that the state will assume mothers care and wipe out the unpaid bills accrued under my step siblings POA time. My step sibling let the Medicaid coverage lapse. I want POA but have hesitated because no one will tell me how much is owed or if I will be liable for it. If the carefacility sends an eviction notice to the current POA, will the state grab care for mother out from under me?
POA is assigned by the principal, your mother in this case, to the person she chooses to take care of her business, her agent.
There is a medical and a financial POA in most cases. Your half sibling was given that responsibility I am assuming from your post.
Guardianship is when a person can no longer care for themself and aren’t competent to assign a POA.
Unless your mom has lucid moments she is probably not able to sign a new POA form to assign that responsibility to you.
If you want to be your mothers guardian, you would need a certified elder attorney to file for guardianship.
If you are living out of the country that will be difficult to do.
As a guardian there are annual reports that the state requires. It is a responsibility.
If your mother was on Medicaid in a facility and the facility is no longer being paid, then they will have to take whatever action is available to them.
If no family steps up, then the state would be forced to take action on your mom’s behalf is my understanding.
As her guardian or POA, You would not be responsible for your mothers debt.
You would need to make sure you don’t sign anything assuming that debt.
Start with the facility where your mom is living and find out mom’s status and their procedures. If the state becomes her guardian, you would no longer be able to advocate for her. The state can move her to where they have beds available etc.
depending on your circumstances, this might be best for mom or her only choice.
Speak to a certified elder attorney who is well versed in Medicaid and guardianship in the state of Oregon.
Many will provide an initial consultation at no charge.
Speak with your half sibling to find out what their intention is. I hope you can work it out.
Medicaid lapsed? I wonder if there is something going on that you do not even suspect right now.
You NEED an elder law attorney that can advise you on many things. It may even be the best option to let the state take guardianship of mom. A GCM is not free, none of what your mom needs is free and could become quite costly.
Maybe step sib has done unethical things that you are not even aware of? The state may follow up on those things if they are guardian for mom.