Location: South Carolina
Edit: She is nonverbal, but is competent. The only word she can say is “yes” and this is very rare. But she is aware, just cannot express it.
Myself (26f) and my twin sister currently live in Wyoming, but last year my mother (59f) had a massive stroke. Since then, she has suffered four more and is currently in renal failure. She is on Hospice going on five months now. We only have enough funds to go to her facility a few times a year. She is nonverbal.
We have been fighting to obtain Medicaid and Medicare as she is mostly non-functional and in a full time care facility. We’ve been attempting to gain Power of Attorney, but this has been near impossible from across the country and without her verbal consent.
We have explained to many institutions that she does not have the capacity to agree to POA. They will not accept a notary or witnesses to her agreement. We’ve been paying out of pocket for over a year for her facility and cannot continue to sustain this.
She is too weak to move to Wyoming and we do not have any access to her benefits as she was not very organized before this incident. Her home has been condemned, so we have no access to certain documents.
We just don’t know where to go from here, any advice would be appreciated.
Comments
>We have explained to many institutions that she does not have the capacity to agree to POA.
Then why are you trying to get her to grant a POA? If she is not competent to grant one you should be seeking a conservatorship/ guardianship.
If she doesn’t have capacity to review a legal document and sign it, then a POA is off the table.
If you need legal authority, you will need to apply for a guardianship/conservatorship. From out of state, this will be very difficult without a lawyer.
What you need is a conservatorship, which is given by a court. Your mom would need to grant you POA, and she doesn’t appear to have that capacity.
I would reach out to social services in your mom’s county, they can get you started. You will almost certainly need a lawyer if you want to be named conservator.
Start with a social worker because they should know all the local resources
Agree, stop with the POA and seek a court order appointing one or both of you as either a conservator or guardian.