Poa/filing for mom

[AngelinaCat]

I hope your Power of Attorney is a 'DURABLE FAMILY Power of Attorney'. If it is, you can handle her affairs, though she is not mentally competent.

If it is only a REGULAR Power of Attorney, once she went into the hospital and lost the ability to make her own decisions, that POA is toast.

PLEASE get with the attorney that drew that document up and find out exactly what it is.

My Best~~~

[pookieny]

Has far as filing for her, I can't answer that. I was also POA for my mother and had to go to a lawyer for that but I don't remember if she signed any paper work, I'm sure she did. If the house is paid off, you would have to check how much equity you can claim in your state for property and how much it could sell for.

I feel for you, you might want to call a lawyer.

[pookieny]

Who's name is on the deed of the house?

I hope it's in both your names and has been for the past 3 years. I had to apply for medicare for my mother to be in the nursing home, and had we not both been on the deed, they could have taken it to pay for the nursing home bill.

[buffee]

I am the Power of Attorney for my mom..she has been in a hospital since May 20th and due to botched post operative care, now has brain damage. We share a home. The home is paid for, no problems there. However my mom has about 21,000 in CC debt(to be fair about 75% of that is mine) however she is the primary. She ONLY gets 1375$ a month from SS and because the facility she is in, cost 5,000 per month, I had to apply for medi-cal on her behalf. Well, her "share of cost" for Medi-cal is almost 700$ per month, plus 60$ to secure horizons, and there are 2 other NON CC bills, plus her share of rent etc...I am disabled and on a VERY fixed income(I had a great job and made lots of $$$$$$$$) then I had this accident 5 years ago and still kept the lifestyle I was used too...because I am stupid & not prepared!...anyway there is NO $$$$$$$ to pay these CC..and I mean none...and she will probably be in this 5,000 per month facility for at least 6 months or longer...how hard is it for me as of POA to file a chapter 7 in her behalf?
I have NO choice....it may come down to where I not only have to file for her, but myself also.....I just never saw anything like this coming....