What to do When the Medicaid Agency Won’t Respect Our Power of Attorney
It is a nightmare many families want to avoid. Their loved one is in an assisted living facility but is being ordered to leave because the paperwork is no longer in order. When the family member with the loved one’s power of attorney tries to sign the forms to make things right again, the Medicaid agency refuses to acknowledge the power of attorney. Now there is a loved one on the verge of being evicted into a homeless situation and a family desperate for answers.
The Reality Surrounding Powers Of Attorney
A durable power of attorney is a document that goes into effect when it is registered with your local courts, and then it stays in effect when the loved one is no longer able to make decisions for themselves. The entire reason that the family did things the way it did was to avoid any question about the legitimacy of the power of attorney. The loved one signed the power of attorney when they were lucid, and so now it should kick in when the loved one needs it the most. When that does not happen, families look for answers.
Make Sure The Power Of Attorney Is Done Right
There are some situations, such as developing a co-power of attorney where two people are given powers of attorney in one document, that invite problems. When you go in to get your power of attorney done, be sure you are using an experienced attorney who knows how to avoid most of the potential problems that can arise from using a power of attorney. If you start the process with a strong document, then the rest can often be fixed.
Try Using The Medicaid Agency’s Processes
Sometimes a Medicaid agency refuses a power of attorney because it either cannot find it on file, or it is on file with a different part of the agency and needs to be brought over to the part you are doing business with. Medicaid agencies are busy places and it takes a long time for decisions to be made. If you work with the Medicaid agency to solve the problem with the power of attorney, then that can save you a lot of issues.
Getting Legal Help
If the Medicaid agency is simply refusing to acknowledge your power of attorney, then it is time to contact an experienced elder law attorney. The longer you wait to get an experienced professional on your side, the longer it is going to take to solve the problem.
Our firm has many years of experience in helping families to solve power of attorney issues with Medicaid agencies. We invite you to give us a call and let us use our experience to help solve your problem.