Working Caregiver- Elder Law Attorney
Find an attorney with whom you feel comfortable and who has the expertise to advise you on these matters.
It's always better to consult with a Texas Elder Law Attorney as early as possible. An elder's family has more planning options to choose from while the patient still has the "legal" capacity to make their own decisions. This question of whether your loved one has the capacity is definitely a gray one, and can only be determined case-by-case.
Here are several "legal" considerations when a person is (or may become) incapacitated:
- The management of the elder's financial affairs during his or her lifetime;
- The management of the elder's personal care: medical decisions, residence, placement in a nursing facility, etc.;
- Arranging for payment of long-term health care: use of private insurance, Medicare, Medicaid, Supplemental Security Income (SSI) when applicable;
- Preserving the family or elder's assets: ensuring that the patient's spouse and any disabled family members are adequately protected; and
- The distribution of the elder's assets on his or her death. (If the person has a disabled spouse, child or other family member that they wish to provide for, special arrangements need to be made.)
Other important issues should be discussed in the process of your family legal planning. For example, a full discussion of housing options is critical in making certain legal and financial decisions; i.e., is the person planning to stay in his home? Is this feasible, both physically and financially? Is he thinking of moving to a retirement facility? What level of care is provided? Is it a rental or a "buy-in" arrangement? Is a move to a nursing home probable? | 
