Hello. I'm trying to determine if and what forms to use to create a Medical POA naming my niece (her daughter) as Primary. Her current husband cannot take of her and was badly neglected. She's in a nursing home now (Texas) on medicaid, and we are trying to move her closer to her daughter. He is cooperating, but has until now been reluctant to apply for Medicaid for my sister because he would have to divulge financial info. We found an available bed for her in a secure unit (she wanders and can be belligerent), and trying to get the nursing homes to coordinate moving her. We are hearing different things, like pursue Guardianship (which run $5K) and requires court and time. Or pursue Medical POA or Durable POA. We're confused and trying to get some direction before we employ an expensive elder law attorney. My sister has not worked in 20 years and has no assets except a 2018 car she hasn't driven in years. If she doesn't quality for Medicaid, again, because he has about $20K, then she only has about 2 month's of care left on Humana. Can he sign a POA giving her daughter rights to manage her care?
"She's in a nursing home now (Texas) on medicaid"
Then u said...
"He is cooperating, but has until now been reluctant to apply for Medicaid for my sister because he would have to divulge financial info."
How can she be on Medicaid if he won't reveal their assets? If he has 20k that has to be divided between them and her half spent down to the States asset amount. Then, do you plan on going to another State. Need to check up on Medicaid residency laws, it does not go over State lines.
You need an elder lawyer. As a married couple their assets need to be split. Her split going towards her care and when almost gone, she applies for Medicaid. He becomes the Community Spouse remaining in the home, allowed one car and part or all of the monthly income to live on. This needs to be done before Medicaid filing.
It is possible that a lawyer may determine after an interview with her that she understands enough to make her signature legal. If this is the case then the POA would work.
If the attorney determines that she is not cognizant enough to understand what she is signing then Guardianship would be necessary.
There are instances where a Guardianship can be done more rapidly if needed. The attorney would determine how rapidly this could be pushed through.
This happened to my friend. She said it was h%ll being guardian; paperwork; annual reporting/accounting to the State. She started telling all her friends: make sure your parents sign POA before it’s too late.
Read this about Medicaid and spouse assets. Also google community spouse.
https://www.agingcare.com/articles/medicaid-spend-down-for-spouses-158628.htm
https://www.payingforseniorcare.com/medicaid/joint-assets-impact-eligibility
So you are down to conservatorship or guardian.
In the case of hospitalization when it is too late for an advance directive or Medical POA to be drawn up the doctors will discuss with next of kin the plan forward. If your mom is currently hospitalized ask to see a social worker who can readily explain things for you. And can assess your Sister deciding if she is able to do an advance directive.
Sadly, due to cost, you do need solid legal advice because things were not done in a timely manner. It is expensive and I am so sorry for that. But it is too late to do it the easier way.
Begin by googling POA and Guardianship for your State. Get what answers you can easily that way, the buy an hour of elder law attorney for remaining questions. I wish you all good luck. Also look up "conservatorship versus guardian" as those are the two things you may need in future to apply for help or to sign documents.