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xfactor Asked June 12, 2024

My friend is POA for his 86-year-old mother and her husband's daughter is his POA. Is he still legally financially responsible for her care?

His mom and her husband resided in an assistant living facility until a couple of falls, non-eating, incontinence, hospitalization and UTI. Hospital discharged her to NH for therapy while trying to apply for Medicaid for long term care since it's been determined she's unable to care for self. Problem is her husband and his daughter (POA) have refused to submit his financial statements in order for the process to begin. They want her to return to the assistant living even though it's clear she needs to be in a facility where she gets 24hour supervision because he can't care for her.

Geaton777 Jun 12, 2024
I agree with JoAnn, I think the husband and daughter are worried about Medicaid impoverishing him, but this isn't the case. Medicaid differs by state so he (and maybe even you) should consult with an elder law attorney and/or a Medicaid Planner for their home state. Together maybe you can split the cost of that consult.

JoAnn29 Jun 12, 2024
What the husband needs to do is see an elder lawyer. Assets can be split. Moms split going towards her care and when gone, Medicaid is applied for. Once she is on Medicaid Dad becomes a Community spouse.

The AL has a lot to say about if Mom comes back. ALs are not skilled nursing. Mom's care maybe too much for them. And since Dad can't help...she may need to go to a NH.

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