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Power of attorney, insurance, disabled mother

Discussion in 'Other Family Law Matters' started by ConfusedDaughter, Dec 27, 2017.

  1. ConfusedDaughter

    ConfusedDaughter Law Topic Starter New Member

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    Jurisdiction:
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    My mom was in the hospital from Dec 6 to 18th this year. She was diagnosed with Wernickes. She has a complex history that led to this including alcohol abuse, gastric sleeve, and not eating/taking care of herself. She has not worked in 7-8 years due to chronic pain and stays at home. She is married to my step father for 10 years. Currently the Wernickes affects her memory, balance, nerves, etc. She is confused all the time and has no short term memory and recently very agitated (saying she sees things, Time travels, that she’s not ok) when she’s like this she isn’t consolable. At discharge she was confused by not combative. Today at the urging of the home health nurse we went to then ER. Psych eval says she doesn’t meet the criteria and wants to discharge her.

    She hasn’t got along with my step father for over 6 years. She hates his presence in the room and says things like he verbally abusive and does like him. He is trying but they don’t have an stable relationship before this. She has no assets. He works and makes 200k a year but says nursing home would be 90k a year and that would *uck him for life. He qualifies for at home are through insurance up to 16 hours a day. I am a student and my sister works full time - I.e. we have no resources to help out mother.

    We desire at home care he thinks people checking in on her is enough. She hates being isolated at the house and even if currently he’s being helpful she hates his guts.

    I just want what is best. I don’t know who has POA but my aunt said she had signed something that said my sister and her were since she didn’t want step father to have it. We don’t know for sure. She cannot be alone, she doesn’t sleep and this situation isn’t sustainable.

    Going to talk with social worker, but no one seems to take responsibility for answers.

    1) if POA rests with difffernt people than who is providing financial benefits who has the power?
    2) Would she be better off divorcing him and getting something through the state?
    3) what is she entitled to if they divorce?

    Thanks for any help.
     
  2. army judge

    army judge Super Moderator

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    Her husband is her LEGAL next of kin.
    Anyone holding a POA, might as well be holding a treasure map.

    If she suffers from an unstable mental state, a divorce might not be easily obtained.

    I suggest you support her, encourage her to achieve a full recovery, so that she can decide what is best for herself.

    As far as what she might be entitled to in a divorce, without knowing if a prenup exists, or other details such as duration of the marriage, or even if a legal marriage exists is pure speculation.

    Again, until her FULL mental faculties are restored, the BEST thing you can do is assist, encourage, support her full recovery and restoration of her health.
     
    leslie82 likes this.

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