Can a MassHealth representative sign that a dementia patient will not return home? - AgingCare.com

Can a MassHealth representative sign that a dementia patient will not return home?

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Is this taking rights away when capacity is unknown? My father in law has had his licensed revoked, lives 50 miles away, the house is infested with mice, and he has gotten lost. We feel he needs long term care but he wants to live on his own with his wife. His wife has decided on long term care because he can't provide the physical care she needs now. We don't feel he'd sign the Mass Health form saying he will not return home. Mass Health is saying my husband as his authorized representative can sign it. A psychiatrist was wishy washy on his competence and told his to have him sign a power of attorney form at one of his better moments. We don't want to pursue conservatorship as they don't have enough assets to warrant the expense. Are we taking his rights away by signing for him?

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Your husband is his durable and medical POA? If not, he better get it before his dad is declared incompetent.
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Mass Health is health insurance. They do not remand a patient to a facility, that is done by a Judge Social Services can pursue protective custody, or the family can pursue protective custody. It's just a question of who foots the legal bills.
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Does he own his home? First of all it sounds like he needs help immediately, It may not be safe for him to live alone, however, it seems to me that there is some legal significance in saying you will never return to your home for Medicaid purposes.

I"m no expert, but I know that when my loved one applied for Medicaid to get into assisted living, you are allowed to say you intend to return to your home if you are able. You don't have to return, but you intend to return. I would check out the legal significance of this with an expert on Elder Law. And there are probably some people around these boards who can help you with this as well.
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