Legal Question in Elder Law in Massachusetts

My father is on medicaid - in Rehab which is covered. They want me to sign for him to go into hospice as he can't sign for himself. Said it was covered 100%. Should I sign? Only recently reconciled with him after nearly 50 years so don't feel financially obligated.


Asked on 10/19/10, 2:02 pm

3 Answers from Attorneys

You can sign under a Medical Proxy or Durable Power of Attorney authorizing treatment. In so doing you are not undertaking personal financial obligations for him. Make sure you read the document and sign for him as his medical proxy or Attorney in Fact.

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Answered on 10/24/10, 2:25 pm
Alexandra Golden Golden Law Center

Your father's MassHealth coverage will not change if you elect Hospice benefits for him -- in fact, he will probably get more services because Hospice is an additional benefit which is 100% paid for by Medicare. MassHealth will continue to pay for custodial care.

So, the real issue is not your financial responsibility -- it's whether Hospice is the right move for your father given his previously expressed thoughts concerning end-of-life care in light of the deteriorating medical condition which has lead to the recommendation. I strongly suggest you speak with the director of nursing at the facility where your father resides to help you evaluate your decision.

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Answered on 10/24/10, 2:48 pm
Christopher Vaughn-Martel Charles River Law Partners, LLC

The previous two attorneys have provided quite helpful information. If you would like to speak with an elder law attorney or retain an elder law attorney to assist you coordinating your father's care, please feel free to contact my office with no obligation at 617-357-4898.

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Answered on 10/25/10, 7:02 am


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