I am having to get medicaid approval and without a POA i cannot access her information.
If your aunt has the necessary mental capacity, she can sign a POA for you, ideally, prepared by her attorney. If your aunt does not have mental capacity, then she cannot give you a POA. You would need to then petition the probate court to become her guardian/conservator. You would need an attorney for those proceedings, as well.
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Estate Planning Attorney
Mr. Frederick's answer is exactly what I would have said.
This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website: http://www.stevenzelinger.com/
Both attorneys are correct. Only your aunt can grant power of attorney to you. She can only do so if she have the requisite contractual capacity to do so. If she lacks capacity, you will have to Petition the court to be appointed as her guardian/conservator to have access to her medical information.
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