Unfortunately we did not have the foresight to get any legal documents signed ,like Power of Attorney etc., when mom was mentally well enough to do so. Now she does not know anyone, makes no sense when she talks and cannot sign her name so it is too late for that. My problem is that she is homebound and cannot go to see her primary doctor. Her insurance company will not talk to me or let me make any changes to her doctor since I have no legal authority to do so. She has Medicare and a… read more
From what I read, you will need to petition the court to appoint you as guardian and conservator. It may or may not be you, depending upon the circumstances, but it is generally a spouse or adult child of the person. Unfortunately, since you did not do it before, you may have to hire a lawyer to execute the petition. I would call a lawyer (who specializes in Elder Care) and explain the emergency nature for quick action.
I think you have a "case" for the doctor already having done the evaluation, so you should not have to pay for that medical evaluation again. And you are right, if she is not competent, she cannot sign a power of attorney. If there is a long-term care unit that you considered for care, they must have run into this before. They always have administrative staff that helps with filing for Medicaid and surely someone who does that can spell out the steps to get this done. You cannot be the only one to have waited too long, so there must be precedence and opportunity for those not having funds to go through the normal court with lawyer process. I suggest: like a court-appointed attorney in a family court or something.
I want to say that you can get her Doctor to write a letter of her not able to care for herselfs and a judge can help you. Good luck Its hard to do all of these but we have to do it. Prayers for you and Hugs
Oh you can also either go to adult social services and ask them to help you or go to the local hospital or nursing home and talk to someone in legal dept. They will help you. Wont her dr help out? Have you asked the dr office?
Do you have Power of Attorney on anything???? You NEED toget that done soon. I got all the legal paperwork done signed and notarized before cub got too bad. what a relief that was. You have your mom mark an X for her name and have a witness there to sign saying she signed it.