Q: Grandmother has dementia, is incompetent and has no power of attorney. What are my families options?
Can family members still apply for medicaid for her? Would someone in our family need to seek guardianship instead of a POA? Our main concern is healthcare POA, is that still possible? Lastly, if her son is in FL and handles her assets, and her daughter is in IL acting as her caregiver, would a guardianship be able to separate those aspects in this way? Thanks!
A: Because of your grandmother's condition, she is unable legally to sign a power of attorney to any avail. The family would need to petition the probate court for the appointment of a guardian of the person and estate. Those persons, it could be one, would then have the power to conduct the financial affairs and health care matters related to the ward, your grandmother. This assumes that she would be found to be a disabled person by the court. The report of your grandmother's physician would be required as well as a visit by the court appointed guardian ad litem who would visit your grandmother and report to the probate judge as to her condition.
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