Medicaid/POA/MPOA

[Miesha Jones]

Jurisdiction

Texas

My mom has dementia and it's in the progressed stage. I'm needing to get her placed but I was unaware that with medicaid I had to keep receipts for all transactions that pertain to her account. The plan wasn't to place her up until 2-3 months ago as her behavior has gotten worse. Is there anything I can do to expedite getting her on medicaid?Also, I don't have POA or MPOA. My brother has POA on her when she lived with him in Georgia. Would it be easier for him to try and get her placed versus me since he does has some documentation on her and can make certain decisions?

 

[flyingron]

Where are you trying to get her placed. There's a difference in the application procedure depending on whether you're going for assistend living (w/ "memory care" services) or if she is bad enough she requires nursing care.

In the case of the former, you will get special services but room and board aren't covered. You'll have to apply for an Alzheimers waiver via the STAR+PLUS program.

If the POA hasn't been rescinded, then your brother can indeed act. However, most assisted living places want not just for someone to be legally able to act but to guarantee the stuff medicaid won't cover.

The sad fact is that sometimes it does take a lawyer to navigate through these things.

 

[Miesha Jones]

Where are you trying to get her placed. There's a difference in the application procedure depending on whether you're going for assistend living (w/ "memory care" services) or if she is bad enough she requires nursing care.

In the case of the former, you will get special services but room and board aren't covered. You'll have to apply for an Alzheimers waiver via the STAR+PLUS program.

If the POA hasn't been rescinded, then your brother can indeed act. However, most assisted living places want not just for someone to be legally able to act but to guarantee the stuff medicaid won't cover.

The sad fact is that sometimes it does take a lawyer to navigate through these things.

I'm trying to get her placed in Texas. I just thought that maybe since my brother still has POA in Georgia that it would easier, a lot less stressful getting her placed there. But I'm gonna consult with a lawyer and see what they can tell me. Thank you for responding.

 

[justblue]

Guides: Find a Lawyer: Bar Associations

 

[welkin]

You might want to contact some elder care placement services for advice. They are usually free (they get paid when someone is placed) and can answer your question. Google elder care placement in the state where you want your mother placed.

 

[flyingron]

I'm trying to get her placed in Texas. I just thought that maybe since my brother still has POA in Georgia that it would easier, a lot less stressful getting her placed there. But I'm gonna consult with a lawyer and see what they can tell me. Thank you for responding.

You misunderstood my question. Does she require nursing care, or are you just trying to get her into an Alzheimer-based assisted living?

 

[Tax Counsel]

My brother has POA on her when she lived with him in Georgia. Would it be easier for him to try and get her placed versus me since he does has some documentation on her and can make certain decisions?

Is the power of attorney he has from her a durable medical power of attorney? A durable power of attorney is one that remains valid even after the principal (your mother) is no longer competent. As you say she is in the advanced stages of dementia she's likely no longer competent, and in that case a POA is worthless unless it was a durable POA that was created before she became incompetent.

If no one has a durable power of attorney, it may be necessary to go to court to get guardianship over her to have the power to make decisions on her behalf. An elder law attorney could tell you what you and your brother what you each can for her now, and whether guardianship would be needed.