Legal Question in Elder Law in New Jersey
I am on Social Security Disability for depression. My mother is in a nursing home with dementia. My sister has been her POA and has been paying her bills as a "private pay" resident of the nursing home and keeping the records needed for my mother's "spend down" application for Medicaid in NJ. My mother will run out of money in about 6 months, but my sister could be dead from Stage 4 cancer before the Medicaid application is filed. A lawyer told me my mother won't be able to file her Medicaid application without my sister, and a judge won't appoint me guardian because I am disabled. What, if anything, can my sister do before she dies to stop the nursing home from evicting my mother when her money is gone?
1 Answer from Attorneys
Ask the attorney or see another attorney about setting you up as the guardian with a stand-by guardian for your mom. Being depressed does not mean that you can't make thoughtful decisions about your mom's medical care. It will be a fact intensive inquiry by the judge if necessary.
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