QUESTION

Will I be held legally responsible for a parent requiring 24 hour care who is not cooperating with the Medicaid application?

Asked on Jan 21st, 2019 on Elder Law - Ohio
More details to this question:
I am listed as the second alternate on the Medical Power of Attorney for my father who is now in a nursing home pending an application for Medicaid. I do not have durable power of attorney. His full time care giver, my mother, deceased a month ago. The nursing home staff suggests 24 hour care for my father. In light of my fathers lack of cooperation I asked the nursing home social worker, "what if my father continues to stall the medicaid approval and can not be kept at the nursing home?". She responded that ultimately, if she felt my dad was unsafe at home she would get Adult Protective Services involved to see if there is neglect. I asked, will I be held responsible for neglect? Her response was not specific, saying that it is hard to tell what APS would do. I understand that she is not able to give me any advice as to how to proceed legally but how do I find out what my rights and responsibilities are? Please advise.
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1 ANSWER

Wills Attorney serving Austin, TX
2 Awards
Who is your father's agent under the Durable [Financial] Power of Attorney?  That person, not the agent, first or second alternate agent under the Medical Power of Attorney, has the authority to sign a nursing home admission. You may well want to consult with a local elder law attorney.  If so, use the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org).      
Answered on Jan 22nd, 2019 at 5:20 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

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