My dad had a massive stroke how can my mom get power of attorney if my dad is in a skilled nursing facility? They have been married for over 59 years. We don't know what to do. We cannot afford to pay for his care. Kaiser only pays 100 days. My mom cannot do anything with property without power of attorney
This process sucks!!!
Everything that she does will have to be approved by the court. (at least it was in the state and county where we lived)
But once she obtains Guardianship she can sell the house if needed, she can make all decisions both medical and financial.
I suggest that you find a lawyer that knows Elder Law they will be able to guide you in the proper procedures.
The same happened to my father in January 2016 the day he arrived from Canada to spend some time here after my youngest sister passed. I live in Portugal where the law goes at the pace of a turtle. We had to hire home care due to his situation which requires a lot of money and we know he has more than enough but always did his best to keep it out of our reach. We hired a lawyer ONE YEAR AND THREE MONTHS AGO, already payed a fortune for the process, and still no resolution. It's revolting. Fortunately he had given me access to his Portuguese account a number of years ago and my brother also has access to some of his money which is what we have been using to pay for his very costly care.
I'm sure you'll be able but you'll have to spend on an attorney first!
Consulting an attorney who specializes in Elder Law (the specialty is very important) will be worth the cost. Mistakes at this point can be costly.
About the POA. Your mom won't be able to get POA unless your dad regains his mental capacity. If he does and still can't use his hand to sign a document, there are ways to receive his agreement. Do not sign anything as a guarantor for your dad and don't allow your mom to. Please see a qualified elder attorney to protect your parents.
Have you talked to the SW at the NH? Much depends upon the laws of your state. Do you have a family lawyer?
If dad needs medicaid to be able to stay in the NH as a permanent resident, please know that the family home where mom resides does NOT have to be sold. You need to talk to a certified eldercare attorney who understands Medicaid in your state to figure out next steps.
I'm so sorry that you are going through this sad time.