Q: What can I do? I already have an Advance Directive? The APS says Dad has diminished capacity. What to do?
Dad got lost while out driving and wound in a strange place. He wound up I'm a hospital, then into a short term facility and then went to a long term place and we are paying the bill for it.
A:
In Texas a Durable [Financial] Power of Attorney is the document your father would have signed to name and grant an agent the power over his finances needed to access his bank account, sell his property and pay for his care. If your father did not sign that document while he had capacity to do so. someone will need to become the guardian of his estate (the conservator) in order to have control of his finances and pay for his care. They must hire an Approved Guardianship Attorney and apply to the local probate court. The Dallas County Probate Court has a list of Approved Guardianship Attorneys in your area.
If there is not enough money to pay for your father's care, someone must apply for Medicaid on his behalf. That someone will probably be the guardian of his estate.
You mention an Advance Directive. In Texas an Advance Directive to Physicians and Surrogates tells the doctors what should be done if the person is in a permanent vegetative state or is thought to have no more than six months to live even with medical treatment. Other medical "advance directives" include a HIPAA Medical Information Release, stating who can see the charts and hear from the doctors, and a Medical Power of Attorney, appointing someone to be your father's "voice" when he cannot communicate. Many people who no longer have the capacity to appoint an agent under a Durable Power of Attorney are still able to sign these medical care documents.
If your father has not signed these or if you need help applying for Medicaid on his behalf, you might want to hire an Approved Guardianship Attorney who is also an elder law attorney. You can find a list of elder law attorneys in your area using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org).
Tammy L. Wincott agrees with this answer
A: Please call an elder law attorney or one who handles guardianship and speak with them privately as it seems someone may need to seek guardianship on your dad's behalf.
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