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Guardianship
How do I get guardianship over my elderly mother for purpose of applying for medicaid?

How do I get guardianship over my elderly mother for purpose of applying for medicaid?

Q: Can I apply for Medicaid without guardianship?

In many cases, applying for Medicaid on behalf of someone who lacks the mental capacity to consent may require guardianship. However, some states allow a family member to apply without formal guardianship. It's important to check your state's specific requirements and consult with a legal aid office for guidance.

Q: What is the role of a power of attorney?

A power of attorney (POA) allows someone to make decisions on behalf of another person. However, the individual granting the POA must have the mental capacity to understand and sign the document. If your mother has been diagnosed with dementia and lacks capacity, establishing guardianship may be necessary instead of a POA.

Q: How can I find legal aid for guardianship and Medicaid?

To find legal aid for guardianship and Medicaid applications, start by searching for local legal aid organizations in your area. Many states have legal aid societies that provide free or low-cost services to individuals in need. You can also check with your local bar association for resources and referrals.

Full question:

My mother has been diagnosed with dementia and has been placed in assisted living home. Medicare will pay for the first 21 days but we need guardianship to apply for medicaid. There is one week left to accomplish this action but I am being told that I need $2,000 to do this, but I do not have those funds. I am her son age 55 and disabled, Do I have any options?

Category: Guardianship
Date: 04/07/2025
State: National

Answer:

Unfortunately, the less expensive option of a power of attorney requires that the person giving authority (principal) has mental capacity to sign the document. I suggest contacting a local legal aid office at one of the links below.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is guardianship and how does it work?

Guardianship is a legal process where a court appoints an individual to make decisions for someone who is unable to do so due to incapacity, such as dementia. The guardian is responsible for the person's personal and financial affairs. To establish guardianship, you typically need to file a petition with the court and demonstrate that the person cannot manage their own affairs. This process often requires legal assistance.

Can I apply for Medicaid without guardianship?

What are the costs associated with obtaining guardianship?

The costs of obtaining guardianship can vary significantly based on your location and the complexity of the case. Typical expenses may include court filing fees, attorney fees, and other related costs. If you are unable to afford these fees, consider reaching out to local legal aid organizations that may offer assistance at a reduced cost or for free.