Hello I have a severely disabled daughter from birth and ever since she turned 18 years old I have been her power of attorney, she is now 23yrs old two and a half years ago I put my fiance on as a hired help that is no relation to my daughter at all. Just recently I have a new worker and three months into knowing her we receive a letter from our accounting place stating that we can no longer receive benefits because now me and the hired help are married and they say that that's Medicaid rule I've looked everywhere on the internet to find anything that remotely goes with this and I can not find anything. Now my new worker wants me now wants to take me off as my daughter's power of attorney in order for my husband now to receive hired help benefits from taking care of my daughter has anyone ever gone through this. I have been literally sick because I don't want to take myself off as her power of attorney because she cannot speak or make decisions for herself she is severely multiply impaired and I don't know what to do.
At this point, speaking to an attorney would be advised as well, if it is within your means to do so. This way you can be aware of all the rules.
also, I would recommend hiring a private home care agency, if it is possible. It will be much simpler and your daughter could still have care.
As the wife of the payee, you have a conflict of interest; basically you are paying yourself.