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Here's what to check—before it’s too late.\n\n","2026-02-24T00:00:00Z","/img/blog/RLF-does-your-POA-actually-works-mar-02.webp","mother and son","Michael L. Rutkowski",{"type":20,"children":163,"toc":354},[164,181,186,197,202,207,217,237,246,259,268,273,282,287,292,301,306,326,331,340,345,350],{"type":165,"tag":166,"props":167,"children":168},"element","p",{},[169,172,179],{"type":170,"value":171},"text","Most people feel a sense of relief once they’ve signed a ",{"type":165,"tag":173,"props":174,"children":176},"a",{"href":175},"/practice-areas/estate-planning/power-of-attorney/durable-power-of-attorney/",[177],{"type":170,"value":178},"Power of Attorney (POA)",{"type":170,"value":180},". It’s a responsible step. But here’s the part many families find out too late: not all POAs give your agent the authority they need when Medicaid planning becomes urgent.",{"type":165,"tag":166,"props":182,"children":183},{},[184],{"type":170,"value":185},"Even a document drafted by a professional can leave out the very powers your loved ones need most—especially when long-term care and high-dollar decisions are on the line.",{"type":165,"tag":187,"props":188,"children":190},"h2",{"id":189},"why-your-poa-might-be-useless-for-medicaid-planning",[191],{"type":165,"tag":192,"props":193,"children":194},"strong",{},[195],{"type":170,"value":196},"Why Your POA Might Be Useless for Medicaid Planning",{"type":165,"tag":166,"props":198,"children":199},{},[200],{"type":170,"value":201},"Medicaid eligibility often requires shifting assets strategically to preserve what you've worked hard for. But if your POA doesn’t include specific planning powers, your agent may be legally blocked from doing what needs to be done.",{"type":165,"tag":166,"props":203,"children":204},{},[205],{"type":170,"value":206},"Here are three of the most common (and most critical) powers your POA needs to include:",{"type":165,"tag":208,"props":209,"children":211},"h3",{"id":210},"_1-the-power-to-transfer-or-gift-assets",[212],{"type":165,"tag":192,"props":213,"children":214},{},[215],{"type":170,"value":216},"1. The Power to Transfer or Gift Assets",{"type":165,"tag":166,"props":218,"children":219},{},[220,222,228,230,235],{"type":170,"value":221},"In order to qualify for ",{"type":165,"tag":173,"props":223,"children":225},{"href":224},"/medicaid-planning/",[226],{"type":170,"value":227},"Medicaid",{"type":170,"value":229},", families often need to move assets out of the applicant’s name. But if the ",{"type":165,"tag":173,"props":231,"children":232},{"href":175},[233],{"type":170,"value":234},"POA",{"type":170,"value":236},"doesn’t explicitly allow gifting, the agent can’t do it. That means no strategic transfers to a spouse or family member, and no chance to preserve wealth from nursing home costs.",{"type":165,"tag":208,"props":238,"children":240},{"id":239},"_2-authority-to-create-or-amend-irrevocable-trusts",[241],{"type":165,"tag":192,"props":242,"children":243},{},[244],{"type":170,"value":245},"2. Authority to Create or Amend Irrevocable Trusts",{"type":165,"tag":166,"props":247,"children":248},{},[249,251,257],{"type":170,"value":250},"An ",{"type":165,"tag":173,"props":252,"children":254},{"href":253},"/practice-areas/estate-planning/trusts/irrevocable-trust/",[255],{"type":170,"value":256},"irrevocable trust",{"type":170,"value":258}," is one of the most effective tools for protecting assets while meeting Medicaid’s eligibility rules. But many POAs leave this out. If your agent can’t create or adjust these trusts, they’re stuck. And so are you.",{"type":165,"tag":208,"props":260,"children":262},{"id":261},"_3-permission-to-update-beneficiaries",[263],{"type":165,"tag":192,"props":264,"children":265},{},[266],{"type":170,"value":267},"3. Permission to Update Beneficiaries",{"type":165,"tag":166,"props":269,"children":270},{},[271],{"type":170,"value":272},"Updating beneficiary designations—especially on retirement accounts and life insurance—can help keep money out of probate and align your plan with Medicaid strategies. 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It’s slow, expensive, and public—everything most people want to avoid.",{"type":165,"tag":166,"props":288,"children":289},{},[290],{"type":170,"value":291},"Worse yet, without the right POA powers, the chance to legally protect assets may disappear entirely.",{"type":165,"tag":187,"props":293,"children":295},{"id":294},"how-rutkowski-law-firm-approaches-power-of-attorney-documents",[296],{"type":165,"tag":192,"props":297,"children":298},{},[299],{"type":170,"value":300},"How Rutkowski Law Firm Approaches Power of Attorney Documents",{"type":165,"tag":166,"props":302,"children":303},{},[304],{"type":170,"value":305},"At Rutkowski, we don’t write POAs just to check a box. We design them based on real-world problems we’ve seen play out in Medicaid cases. 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His wife had just been diagnosed with dementia, and you could see the weight of it all in his eyes—uncertainty, fear, love. He said something that stuck with me: “I wish we’d done this five years ago.” Now they’re looking at over $120,000 a year in care costs and scrambling to protect what they’ve built. I hear this more often than I’d like. Medicaid planning isn’t just paperwork—it’s the difference between panic and peace of mind. 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Katie is a visionary in her own right, leading Headquarters Mental Wellness, a dynamic mental health collective designed to connect people with care that actually fits their lives. Together, they’ve created a home that’s faith-filled, high-energy, a little crazy, and full of love—the kind of household where the Wi-Fi is never fast enough, but the laughter is loud and constant.",{"type":165,"tag":166,"props":990,"children":991},{},[992],{"type":170,"value":993},"Mike also serves as the Director of Fitness for Rise Up Kings, where he helps faith-driven men become stronger leaders in their businesses and in their homes. 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