I'm caring for my elderly parent with dementia. How can I get legal authority to manage their Medicare?

Question

Diana Garner · Accepted Answer

You will have to obtain a valid power of attorney (POA) or a court-appointed guardianship/conservatorship. It should explicitly grant the power to handle healthcare and Medicare-related decisions. If your parent cannot sign a POA, you will have to petition the court for guardianship/conservatorship. 

If you decide to petition the court, you will need to gather the necessary documents and information required by the state where you reside.  You may need to provide evidence of your parent;s incapacity and why a guardian or conservator is needed.  The court will likely conduct a hearing and may appoint an attorney to represent your parent's interests.

Larry Dalton · Answer

This is a difficult decision in a person's life when they're making their care decisions for someone else.  To legally manage your elder parent, you'll need to see an attorney or get the attorney's advice on whether to use a power of attorney or have the court appoint you as a guardian.  There are some other online procedures that you could use to obtain legal authority to manage Medicare.

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Shawn Brown · Answer

1. Determine Their Capacity
If your parent still has legal capacity (can understand what they're signing), they can give you permission via paperwork. If not, you'll need to go through the courts.

2. Appoint a Medicare Authorized Representative
This allows you to talk to Medicare and make decisions on their behalf.

Form to use: CMS-10106: Authorization to Disclose Personal Health Information

This form gives you permission to access info but does not give full control to manage benefits.

3. Get a Durable Power of Attorney (POA)
This gives you legal authority to manage your parent’s Medicare and other affairs.

Must be durable (remains in effect after mental decline).

Ideally drafted and signed while your parent still has legal capacity.

Take it to a lawyer, or use your state’s legal aid or elder law services.

 4. If Capacity Is Lost: Petition for Legal Guardianship
If your parent no longer understands or can’t consent, you’ll need to go through probate court in your state.

This is a formal court process.

You’ll be appointed a guardian or conservator.

Involves a court hearing and possibly an evaluation by a doctor.

5. Register the POA with Medicare or Other Agencies
Once you have POA or guardianship:

Call Medicare at 1-800-MEDICARE (1-800-633-4227).

Submit documentation as requested.

If you're also managing other benefits (like Social Security or Medicaid), contact those agencies separately — each has its own process.

Heather Borlenghi · Answer

There is a standardized form to fill out. You can find this online or contact a company like LegalZoom. An attorney is not required, you will just need the form. You then have to get it notarized. You must sign the document in front of the notary with a witness and the parent you are seeking this for.

Answered by Heather Borlenghi on April 28, 2025

Agent Licensed in GA, AL, AR & 15 other states

Answered by Heather Borlenghi Medicare Insurance Agent

Steve Brauer · Answer

You would have to get a POA, Power of Attorney either with the parent giving consent, or by going through the court system and obtaining a Conservatorship or Guardianship. Its probably best to consult an Elder Law attorney

Answered by Steve Brauer on April 16, 2025

Broker Licensed in AZ & CA

Answered by Steve Brauer Medicare Insurance Agent

Sam Silva · Answer

Power of Attorney gives you the legal right to make healthcare decisions on behalf of your parent, including managing Medicare benefits.

If your parent is unable to make decisions on their own and does not have a POA in place, you may need to apply for legal guardianship through the court.

Mike Henry · Answer

I would call 1-800medicarr. Also suggest calling your attorney.  See what if anything he/she would recommend

Deborah Webster · Answer

Contact an Elderly Care Attorney to help with full Power of Attorney. They assist with setting up a Medical or full power of attorney status. This way, you can have full control of what is happening with your loved one. Typically, not a very expensive investment to have the authority to make decisions on behalf of a family member who can no longer make those decisions on their own.

Answered by Deborah Webster on April 10, 2025

Broker Licensed in Ia & SC

Answered by Deborah Webster Medicare Insurance Agent

Louanne Allison · Answer

You may want to put a Power of Attorney in place, and you get that with a lawyer.  This is also a good time to set up the person's will and advance directives.

Jamie Herrick · Answer

First reach out to their primary care doctor. They should be able to help facilitate that;)
Also the local Aging and Disability Resource Center nearest you is helpful. ADRC
This is not an easy task, and it’s good to ask for help!

I'm caring for my elderly parent with dementia. How can I get legal authority to manage their Medicare?

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I'm caring for my elderly parent with dementia. How can I get legal authority to manage their Medicare?

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