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What Do We Do When the Medicaid Agency Won't Respect Our Power of Attorney?

  • June 23rd, 2015
My 89-year-old mother-in-law was cut off from Medicaid because she did not fill out some forms. She has been in and out of the hospital the last few months and is now on her deathbed in the hospital. When we called the Medicaid agency and tried to straighten things out, the agency refused to talk to us, saying they have to talk to my mother-in-law directly. When we explained she can't call them, they still wouldn't talk to us. We faxed them the paperwork, signing her name because my wife has power of attorney, but it hasn't done any good. Meantime the bills are piling up. What can we do? 

As I understand your question, the state Medicaid agency is refusing to communicate with your wife despite her presentation of a durable power of attorney for her mother. While every state has its own rules, the agency should be able to provide you with its regulations or other rules regarding who can represent an applicant. You may also be able to find the rules online yourselves. All of that said, your best bet is to consult with a local elder law attorney who will know the rules and what steps you need to take to step in for your mother-in-law. In addition, you should be aware that timing may be vital due to deadlines for appealing the denial of benefits or applying for retroactive coverage. To find an attorney near you, go here:

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Felinton Elder Law & Estate Planning Centers
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Last Modified: 06/23/2015

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