Getting Power of Attorney

[alicia6266]

My mother and grandmother own a home together in Sterling, VA. Since my grandmother has been in a nursing home for a couple of months following a stroke that has rendered her unable to walk and therefore my mother can no longer care for her at home, she now resides in a rehabilitation hospital. Once her Medicare benefit ceased what they were willing to pay for her care beyond six weeks, it became necessary for my mother to apply for medicaid for her to pay for the care. The downside is that my grandmother's pension is what paid all the household expenses and now medicaid will take all but $40 each month for her medical care. Since my mother is 63, in poor health herself, and not able to go back to work after caring for my grandmother full time the last6 years, this puts her in the position of having to refinance the mortgage and take cash out in order to have money to keep the house and survive. Since both of their names are on the mortgage and my grandmother's credit was better the mortgage company wants to do the refi in grandma's name alone. How can my mother obtain power of attorney for my grandmother to be able to sign the documents on her behalf? My grandmother is not able to sign anything on her own anymore due to being barely able to see with the conditions she suffers with in her eyes that the nursing home will not address. I would be grateful for any help you can offer. Sorry if my background story on this was long-winded.

Allie-VA

[moburkes]

My mother and grandmother own a home together in Sterling, VA. Since my grandmother has been in a nursing home for a couple of months following a stroke that has rendered her unable to walk and therefore my mother can no longer care for her at home, she now resides in a rehabilitation hospital. Once her Medicare benefit ceased what they were willing to pay for her care beyond six weeks, it became necessary for my mother to apply for medicaid for her to pay for the care. The downside is that my grandmother's pension is what paid all the household expenses and now medicaid will take all but $40 each month for her medical care. Since my mother is 63, in poor health herself, and not able to go back to work after caring for my grandmother full time the last6 years, this puts her in the position of having to refinance the mortgage and take cash out in order to have money to keep the house and survive. Since both of their names are on the mortgage and my grandmother's credit was better the mortgage company wants to do the refi in grandma's name alone. How can my mother obtain power of attorney for my grandmother to be able to sign the documents on her behalf? My grandmother is not able to sign anything on her own anymore due to being barely able to see with the conditions she suffers with in her eyes that the nursing home will not address. I would be grateful for any help you can offer. Sorry if my background story on this was long-winded.

Allie-VA

Your mother won't be able to get POA for this transaction. PLUS, your grandmother is trying to qualify for medicaid, which means that this home becomes an assets for medicaid, to help pay your grandmother's medical expenses.

[alicia6266]

My mother was told that the house cannot be used as assets for medicaid due to the fact that it is her primary residence as well...not just my grandmother's. Why wouldn't she be able to get POA to sign the loan docs on her behalf when my grandmother has agreed to give her POA to complete this refi?

[moburkes]

My mother was told that the house cannot be used as assets for medicaid due to the fact that it is her primary residence as well...not just my grandmother's. Why wouldn't she be able to get POA to sign the loan docs on her behalf when my grandmother has agreed to give her POA to complete this refi?

Your grandmother has to give her permission.

[alicia6266]

My mother wouldn't even bother with the whole thing at all if it weren't for the fact that she would end up losing the home since her social security and pension would only pay the mortgage and give her nothing left for food or utilities. They have a home worth $420,000 that they only owe $114,000 on. She just wants to refi the loan and take some cash out to keep things afloat so my grandmother has a home to return to when the rehab sessions help her at least get back to being able to walk with a walker. My mother has spinal arthritis and simply cannot lift her. If this is the way medicaid works to take care of our elderly, I'll just give my house to my kids and take the right dose of medication to put myself out to pasture...yeesh

[moburkes]

My mother wouldn't even bother with the whole thing at all if it weren't for the fact that she would end up losing the home since her social security and pension would only pay the mortgage and give her nothing left for food or utilities. They have a home worth $420,000 that they only owe $114,000 on. She just wants to refi the loan and take some cash out to keep things afloat so my grandmother has a home to return to when the rehab sessions help her at least get back to being able to walk with a walker. My mother has spinal arthritis and simply cannot lift her. If this is the way medicaid works to take care of our elderly, I'll just give my house to my kids and take the right dose of medication to put myself out to pasture...yeesh

Your grandmother giving permission has nothing to do with medicaid.

[alicia6266]

Thank you for your reply Moburks. What will she need to do in order to get the necessary forms and for them to be legal when my grandmother signs them with her consent? Is this a form that could be found on the internet? Will my mother need to bring a notary to the rehab hospital or just have to have a staff member there witness the signature? I know I'm full of questions, but just one last one...can she do this herself or does she need an attorney in order for it to be legal? My grandmother gave her consent to start the process so they could begin the refi and send an appraiser to the house, etc. Nobody is trying to say grandma is incompetent nor would anyone...her only problem is cataracts which make her signature not quite as neat as her usual.

[alicia6266]

Your grandmother giving permission has nothing to do with medicaid.


I was responding to the house as an asset for medicaid issue...medicaid told my mother that the house would not be an issue only my grandmother's pension and ss which total $4000/mo.

Grandmother giving my mom permission to get a POA to complete the refi was a separate issue. By the way, I'm calling my insurance agent for LTC insurance tomorrow..lol. This whole situation is a frightening wake-up call.