If I refuse to act as POA, will the State of Texas take over?


My mom named me POA many years ago. She now has Alzheimer's and was living alone at home but is no longer capable. She went into the hospital and then into a nursing facility for rehab but once the medicare stops they are going to boot her out and said I have to send her home (where she cannot take care of herself) or move her to a memory care unit (which I am having trouble finding one who takes Medicaid). I work full time and single mom. I have no money to help here. My mom lives off social security. Someone suggested if I refuse to act as her POA that the state will make her a ward and take care of it all (getting her into a place to care for her since no one will help me now)...has anyone had any experience with that?

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This is correct. If you resign your POA duties, she will not be deemed competent to assign another POA. She will become a ward of the state in Texas, and the only way you would be able to assume caring is to apply for guardianship, which is costly and takes a lot of time.
I suspect the biggest issue now will be if you allow guilt to take hold, you cannot do that. You must live your life and take care of you children, which is not inexpensive either. This is a very hard decision, and I am learning as I go with my father. I am also in Texas and have consulted with elder law attorney on exactly your questions. Good luck, you are not alone in these issues.
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In my state of AZ that is true, she becomes a ward of the state and they make all arraignments needed for her care etc., they also become sole beneficiaries to everything she owns and all of her future payments from pensions, social security et al.
So if there are family photos you should get them into your possession now, however, I wouldn't take any valuable heirlooms that are part of a trust or will or have any documentation of there existence.

I'm so sorry you have to travel this journey, it is difficult at best. Please keep us informed and use us to vent or ask questions.

Oh, oh I almost forgot, please tell the social worker that you do not want to lose track of mom, you want to be able to visit but, you just are not any other resource. You don't want to have to try to track her whereabouts down, which could happen if you don't make it clear that you want to be able to do what you can, ie visit and let her know she is loved. Don't let them bully or guilt you into anything else, some of them try so be prepared and stick to your guns.
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