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Elder Law

Five questions to ask before a parent moves to assisted living

Marisol Vance

A parent's move into assisted living is usually driven by health and safety. The legal questions tend to arrive later — often at the worst possible moment. Asking them early gives you more options.

1. Who can make decisions if they cannot?

Check that your parent has a current durable power of attorney and a medical power of attorney. Without them, the family may need a guardianship, which is slower, costlier, and public.

2. How will care be paid for?

Assisted living in the Austin area is a significant monthly expense. Know whether the plan relies on savings, long-term care insurance, veterans' benefits, or eventually Medicaid.

3. Is Medicaid a possibility down the road?

Texas Medicaid has strict rules on income, assets, and transfers made in the five years before applying. Gifts to family members made with good intentions can delay eligibility. Plan before moving money.

4. What happens to the house?

The home may be protected while a parent intends to return to it, but Texas can seek repayment from the estate after death. There are lawful ways to plan around this.

5. Are the estate documents still right?

A will or trust signed twenty years ago may name executors who have since moved away, or leave property in ways that no longer fit. A move is a good moment to review.

None of these questions needs to be answered alone. A single planning meeting can usually cover all five.

How I help with Elder Law →

The information on this website is for general information purposes only and is not legal advice. Contacting us does not create an attorney–client relationship.

Start with a conversation.

Most families wait too long. A first conversation is free, takes sixty minutes, and leaves you with a clear picture of what your plan should look like.