QUESTION
How can I get a durable power of attorney?
Asked on Nov 11th, 2013 on Estate Planning - California
More details to this question:
I have power of attorney on my mother's behave I am an only child, she is no longer able to take care of herself. She is currently in a nursing home, she has altimeters and has inherited some monies from her brother. She has no will she is very ill, can I place her monies in an account to be used for her care until her death? If not, will the state of Texas get it all if she files for Medicaid?
7 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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It is too late to get a durable power of attorney. You need to file to be her guardian and conservator. As for the property, you need to talk with the people that run Medicaid in Texas.
Answered on Nov 13th, 2013 at 6:58 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Looks like a Texas question, not Oregon.
Answered on Nov 13th, 2013 at 6:58 PM
Edwin K. Niles
If you are OK with a computer you can find the form on line. This is a California forum, so I can't answer for Texas.
Answered on Nov 13th, 2013 at 6:58 PM
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You need to speak with an elder law attorney in TX. In Nevada, a transfer as you describe would cause your mother to probably lose her Medicaid eligibility. Speak with an attorney immediately who is experienced in these matters, it will be money well spent. In Nevada her money would need to be properly spent down to qualify her for Medicaid. Please seek legal counsel, you need it!
Answered on Nov 13th, 2013 at 8:23 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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This is posted in a Michigan forum, so you lost me a bit when you asked about Texas. Is your mother a Texas resident? If so, you should re-post this question in Texas, because the Medicaid rules vary widely from state to state. If you have power of attorney, that should suffice, unless the form is not durable. If that is the case, which would be very rare, then you may not be able to get a new form. Your mother can only update her form if she still has the necessary mental capacity to do so.
Answered on Nov 13th, 2013 at 8:23 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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If your mother is in California, obtain the services of a probate attorney who specializes in conservatorship proceedings and obtain an appointment of yourself as conservator of her person and estate, which will give you the powers to manage your mother's estate for her benefit. Your mother does not appear to have legal mental capacity to issue you a power of attorney which would allow you, to do the same thing , as you can with a conservatorship as the court appointed conservator for her. As to the state of Texas, I have no knowledge to assist you.
Answered on Nov 13th, 2013 at 8:23 AM
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Your question is ALL OVER the place. I strongly encourage you talk to an attorney directly and discuss the issues and your concerns. Most attorneys give free consultations and you will get much better information that way.
Answered on Nov 13th, 2013 at 8:22 AM