Texas Statutory Durable Power of Attorney & Miller's Trust/QIT

[no1texan]

What is the name of your state (only U.S. law)? Texas
My mother recently moved to a skilled nursing facility and has applied for Texas Medicaid. I have a Texas Statutory Durable Power of Attorney granted to me from my mother. We retained a geriatric organization to prepare the Medicaid application including legal documents. I took the QIT documents and the Miller's Trust to Chase Bank which is also my bank. The documents and my POA was sent to the Chase Legal Department for review. The legal department said because the POA did not specifically state that I can set up the trust account for my mother, I don't have the authorization to do so and consequently Chase bank will not be able to open the QIT account.
I have always regarded the statutory durable power of attorney was not just a POA but very broad and sweeping powers granted by the grantor and is exactly for the situation I find myself in regarding my mother.

What is the correct answer to this matter, Chase or I do have the authority the open the trust account for my mother?

Thanks

I hope replies can reply to my email.

 

[LdiJ]

What is the name of your state (only U.S. law)? Texas
My mother recently moved to a skilled nursing facility and has applied for Texas Medicaid. I have a Texas Statutory Durable Power of Attorney granted to me from my mother. We retained a geriatric organization to prepare the Medicaid application including legal documents. I took the QIT documents and the Miller's Trust to Chase Bank which is also my bank. The documents and my POA was sent to the Chase Legal Department for review. The legal department said because the POA did not specifically state that I can set up the trust account for my mother, I don't have the authorization to do so and consequently Chase bank will not be able to open the QIT account.
I have always regarded the statutory durable power of attorney was not just a POA but very broad and sweeping powers granted by the grantor and is exactly for the situation I find myself in regarding my mother.

What is the correct answer to this matter, Chase or I do have the authority the open the trust account for my mother?

Thanks

I hope replies can reply to my email.

I would suggest that you try a different bank. Your durable POA should be enough for you to set up an account for her.