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Katy

Elder law attorneys specialize in providing legal guidance to seniors and their families. They can help families plan for long-term care, including nursing home care, and can assist with estate planning, including drafting wills and trusts. They can also help families navigate government benefits programs, such as Medicaid, and can provide guidance on issues related to guardianship and conservatorship. The cost of hiring an elder law attorney can vary, but it is generally higher than the cost of hiring a general practice attorney. In Texas, the cost of hiring an elder law attorney is generally in line with the national average. The average income in Katy is higher than the national average. Katy is ranked as one of the top cities in Texas for its quality of life, and there are several top elder law firms in the area, including The Law Office of Kimberly Hegwood, The Law Office of Sharon C. Stodghill, and The Law Office of Laura Franco.

Elder law attorneys specialize in providing legal guidance to seniors and their families. They can help families plan for long-term care, including nursing home care, and can assist with estate planning, including drafting wills and trusts.

Are you looking for an elder law attorney in the Katy, TX area? Check out the best nursing homes in BCS. If you are not sure where to start, talk to one of our senior care experts.

Best Elder Law Attorneys in Katy, TX - Olera

Texas

College Station

Elder law attorneys specialize in legal issues related to aging, including estate planning, Medicaid planning, and long-term care. They can be useful to families planning senior care by helping them navigate complex legal issues related to healthcare and finances.

The expenses of hiring an elder law attorney can vary depending on the complexity of the case and the attorney's experience. However, many elder law attorneys charge a flat fee for their services, which can be more affordable than hourly billing.

In Texas, the costs of elder law attorneys are generally in line with the national average. The average income in College Station is slightly lower than the national average. College Station ranks as the 15th largest city in Texas.

Some of the top elder law firms in College Station include:

Elder law attorneys specialize in legal issues related to aging, including estate planning, Medicaid planning, and long-term care...

Are you looking for an elder law attorney in the College Station/Bryan, TX area? Check out the best nursing homes in BCS. If you are not sure where to start, talk to one of our senior care experts.

Best Elder Law Attorneys in College Station, TX - Olera

Dallas

Elder law attorneys specialize in helping seniors and their families plan for the future. They can assist with legal issues related to aging, including estate planning, long-term care planning, and end-of-life decisions. By working with an elder law attorney, families can ensure that their loved ones receive the care they need while also protecting their assets. The cost of hiring an elder law attorney can vary depending on the complexity of the case and the attorney's experience, but it is generally higher than the average legal fees in Texas and the country. The average income in Dallas is higher than the national average. Dallas is one of the largest cities in Texas and ranks among the top ten in terms of population. Some of the top elder law firms in Dallas include The Ashmore Law Firm, The Livens Law Firm, and Burdette & Rice, PLLC.

Elder law attorneys specialize in helping seniors and their families plan for the future. They can assist with legal issues related to aging, including estate planning...

Are you looking for an elder law attorney in the Dallas, TX area? Check out the best nursing homes in BCS. If you are not sure where to start, talk to one of our senior care experts.

Best Elder Law Attorneys in Dallas, TX - Olera

San Antonio

Elder law attorneys specialize in the legal needs of seniors and their families. They can help families plan for senior care by offering advice on options such as Medicaid, Medicare, and long-term care insurance. Elder law attorneys can also assist with estate planning, drafting wills and trusts, and helping families navigate probate court.

The cost of hiring an elder law attorney can vary depending on the complexity of the case and the attorney's experience. However, they are typically more expensive than a general practitioner due to their specialized knowledge.

According to the National Elder Law Foundation, the average hourly rate for an elder law attorney in the United States is currently around $375. In Texas, the cost of hiring an elder law attorney is about average compared to the rest of the country.

The average income in San Antonio is slightly lower than the national average. However, the cost of living in San Antonio is also lower than many other major cities in the United States.

San Antonio is the second-largest city in Texas and is consistently ranked as one of the best places to live in the state. Some of the top elder law firms in San Antonio include The Law Offices of Chance McGhee, the Law Office of Sharon C. Jackson, and the Law Office of Lisa A. Vance.

Elder law attorneys specialize in the legal needs of seniors and their families. They can help families plan for...

Are you looking for an elder law attorney in the San Antonio, TX area? Check out the best nursing homes in San Antonio. If you are not sure where to start, talk to one of our senior care experts.

Best Elder Law Attorneys in San Antonio, TX - Olera

Austin

Elder law attorneys specialize in providing legal services to seniors and their families. They can help with a variety of issues related to aging, including estate planning, retirement planning, long-term care planning, and asset protection.

Elder law attorneys can be useful to families planning senior care by providing guidance on how to navigate complex legal issues related to aging. They can help families understand their options for paying for long-term care and ensuring that their loved ones receive the care they need.

The expenses of hiring elder law attorneys can vary depending on the specific services they provide. Some attorneys charge hourly rates, while others may charge a flat fee. The costs of elder law attorneys are generally comparable to other types of attorneys.

The costs of elder law attorneys in Texas and the country at large are generally in line with the average costs of other types of attorneys.

Austin has a higher average income than the national average. It is ranked as the 23rd wealthiest city in the United States.

Austin is one of the top cities in Texas for elder law firms. Some of the top elder law firms in Austin include:

Wright Abshire, Attorneys, A Professional Corporation

Elder law attorneys specialize in providing legal services to seniors and their families. They can help with a...

Are you looking for an elder law attorney in the Austin, TX area? Check out the best nursing homes in Austin. If you are not sure where to start, talk to one of our senior care experts.

Best Elder Law Attorneys in Austin, TX - Olera

Fort Worth

Elder law attorneys specialize in legal issues related to aging, such as estate planning, long-term care planning, and guardianship. They can be useful to families planning senior care by providing guidance on legal and financial matters, and helping families navigate complex legal processes. The cost of hiring an elder law attorney can vary depending on the complexity of the case and the attorney's experience. In Texas, the costs of elder law attorneys are generally in line with national averages.

The average income in Fort Worth is slightly lower than the national average. According to U.S. News & World Report, Fort Worth ranks as the 13th best city to live in Texas. Some of the top elder law firms in Fort Worth include The Ashmore Law Firm, The Karp Law Firm, and The Wright Firm, LLP.

Elder law attorneys specialize in legal issues related to aging, such as estate planning, long-term care planning, and...

Are you looking for an elder law attorney in the Fort Worth, TX area? Check out the best nursing homes in Fort Worth. If you are not sure where to start, talk to one of our senior care experts.

Best Elder Law Attorneys in Fort Worth, TX - Olera

El Paso

Elder law attorneys specialize in legal issues affecting seniors, such as estate planning, guardianship, and long-term care planning. They can be extremely useful to families planning senior care as they can provide guidance on how to protect assets, qualify for government benefits, and ensure that their loved ones receive the best possible care. The expenses of hiring elder law attorneys can vary, but they typically charge an hourly rate or a flat fee for their services. The costs of elder law attorneys are generally higher than other areas of law due to their specialized knowledge and experience. In the state of Texas and the country at large, the costs of elder law attorneys are generally considered to be high. The average income in El Paso is lower than the national average. El Paso is the sixth-largest city in Texas. Some of the top elder law firms in the city include the Law Offices of Stephanie Townsend Allala, the Law Office of Ruben Ortiz, and the Law Office of Michael J. Smith.

Elder law attorneys specialize in legal issues affecting seniors, such as estate planning, guardianship, and long-term care planning. They can be extremely useful to...

Are you looking for an elder law attorney in the El Paso, TX area? Check out the best nursing homes in El Paso. If you are not sure where to start, talk to one of our senior care experts.

Best Elder Law Attorneys in El Paso, TX - Olera

Houston

Elder law attorneys specialize in legal issues affecting seniors and their families. They can help families plan for senior care, including estate planning, Medicaid planning, and long-term care planning. Elder law attorneys can also assist with issues related to guardianship, conservatorship, and elder abuse.

The cost of hiring an elder law attorney can vary depending on the complexity of the case and the attorney's experience. It is important to discuss fees upfront with any potential attorney.

The cost of elder law attorneys in Texas is generally in line with the national average. Houston, however, has a lower cost of living than many other major cities in the United States, which may impact attorney fees.

The average income in Houston is higher than the national average. Houston is also the fourth largest city in the United States and one of the top cities in Texas.

Some of the top elder law firms in Houston include:

Doehring & Doehring, Attorneys at Law, PLLC

Elder law attorneys specialize in legal issues affecting seniors and their families. They can help families plan for senior care, including estate planning...

Are you looking for an elder law attorney in the Houston, TX area? Check out the best nursing homes in Houston. If you are not sure where to start, talk to one of our senior care experts.

Best Elder Law Attorneys in Houston, TX - Olera

Elder law attorneys in Texas specialize in legal issues affecting seniors. They help clients plan for long-term care, navigate government benefits, and protect their assets. Texas is home to many experienced elder law attorneys, and the state ranks in the top 10 for senior health care.

The cost of hiring an elder law attorney in Texas varies depending on the complexity of the case and the attorney's experience. However, the cost is generally in line with the national average. The average income in Texas is lower than the national average, which means that many seniors may need to rely on government benefits to pay for long-term care.

Some of the top elder law firms in Texas include:

If you are looking for an elder law attorney in Texas, it's important to find someone with experience in the specific legal issues affecting seniors in the state.

Looking for an experienced elder law attorney in Texas? We can help you with all of your estate planning, long-term care, and Medicaid planning needs. Contact us today to schedule a consultation.

Elder Law Attorney Texas: A Comprehensive Overview & Guide - Olera

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Elder Law Attorney Texas

Financial, Legal, & Other Services

Elder Law Attorney

Griffin & Griffin Attorneys at Law

This article provides an overview of powers of attorney (POAs) and their limitations, with a focus on durable financial POAs and POAs for healthcare.

POAs can grant broad or limited authority to an agent, and can be conventional, durable, springing, or medical.

POAs should be set up early, as it is too late to get one once the principal is incapacitated.

A court can assign a guardian or conservator if a POA is not in place.

Article Summary

As a family caregiver to an older adult, it’s important to have a basic understanding of powers of attorney.

A power of attorney (POA) document grants a person (the “agent”) authority to act or make decisions on another’s (the “principal’s”) behalf.

Some POAs grant the agent broad, all-encompassing authority, while others limit their powers to specific matters, or to a defined period of time.

This article focuses on the types of POAs most common in elder care: the durable financial power of attorney and the power of attorney for healthcare.

You’ll find answers to many common questions regarding POAs and you can expect that, by the time you’ve read through, you’ll have a basic understanding of how POAs and how they relate to your loved one's situation.

Introduction

Medical, Financial and Other Types of POAs

At What Point Does My Loved One Need A POA?

Who Makes Decisions if My Loved One Doesn’t Have a POA?

How are Capacity and Competence Determined?

Can I Get a POA for my Loved One with Dementia?

What’s the Difference Between a POA, a Conservator, and a Guardian?

Who Should Your Loved One Select as their Agent?

Can more than one person share POA duties?

Can a POA pay themselves for their services?

Am I liable for my loved one’s debts if I have POA?

Can I vote on my loved one’s behalf if I am POA?

Can I override my loved one’s wishes if I have POA?

Can I challenge a POA if I believe my loved one’s agent isn’t acting in their best interest?

Can my loved one’s POA prevent me from seeing my loved one?

Can a doctor override a POA’s decision?

Is a POA written in one state recognized in another?

What’s a Durable Power of Attorney?

The POA is in effect immediately and becomes invalid if the principal becomes incapable of making coherent decisions.

Durable General POA (or Financial Power of Attorney): 

A POA that grants a wide range of legal and financial authorities and remains in effect even if the principal is incapacitated.

A conventional POA granting a broad range of authority.

A conventional POA that grants the agent authority in a specific area (such as buying and selling investments on a client’s behalf).

A springing POA is initially dormant and becomes active only when a specified event occurs (such as the principal’s doctor declares them to be incapacitated).

Medical POA (or Durable Power of Attorney for Healthcare): 

Medical POAs give an agent authority to make healthcare decisions on their behalf. They typically “spring” into effect when the principal becomes incapacitated, although they can be customized as needed to a variety of situations.

A power of attorney is an important element in advance care planning and estate planning. A POA must be enacted early – before it’s “needed” – because in elder care, by the time it’s needed, it’s probably too late to get one.

Your loved one must be of sound mind to set up a POA for themselves. You can't “get” a POA for them after a sudden change in health or when you realize that they’re no longer capable of handling their affairs.

At that point, your loved one will need to be assigned a guardian or conservator through the court system, a process that’s much more lengthy, costly, stressful, and public than completing a POA.

Technically, all adults should have a POA in place, as no one’s immune from an unexpected tragedy. However, the issue becomes all the more pressing as the chances for needing one rise with age.

When caregiving for an older loved one, be sure they have both of these documents in place as early as possible.

A durable power of attorney for healthcare

If your loved one becomes unable to speak for themselves, and they don’t have a POA in place, a court can assign them a guardian or conservator. However, it’s a rather lengthy process, so until someone is appointed, most states allow urgent healthcare decisions can be made by a hierarchy of surrogates in this order:

However, doctors have encountered all kinds of issues with this surrogate hierarchy, often resulting in often avoidable confusion, conflict, delay in treatment, or a failure to honor the person’s wishes.

Planning properly will greatly enhance the chances that your loved one’s wishes regarding their care will be met with less distress, difficulty, or conflict.

POA documents can be custom-written to specify the exact authority they do or don’t grant the agent, although there are powers they’re prohibited from granting.

 documents generally authorize the agent to:

Pay bills and manage the principal’s finances

Sign documents or enter contracts on the principal’s behalf

Buy or sell property on the principal’s behalf

Make decisions regarding medical treatment, life-sustaining treatment, and end-of-life care

Determine who assists with eating, bathing, and personal care, if needed

Choose or change doctors or other healthcare providers

Select a long-term care provider or senior living facility

Represent the principal after the moment of death

Vote in public elections on behalf of the principal

Break their “Fiduciary Duty” (Act in a way that’s not in the principal’s best interests)

Use the person’s money or assets as their own

Make decisions for the person before the POA is in effect (as specified in the document, usually when the person is incapacitated)

Even if your loved one’s general POA grants their agent “all powers”, there are some powers that may need to be specifically spelled out in the document to allow them. These may vary from state to state.

Designating beneficiaries of insurance policies

What Can and Can’t a POA Do?

To create a POA, your loved one must have the “capacity”, or ability, to understand the consequences of their choices at the time they sign the document.

Different states vary a bit on the letter of the law when it comes to determining capacity, but they’re looking for basically the same criteria.

To be considered capable to complete a POA, a person must be:

Able to concentrate, pay attention and follow a conversation

Oriented to time, place, person, and situation

Adequately able to access short and long term memories

Able to reason, use logic and understand abstract concepts

Able to plan, organize and work toward goals in their own self-interest

Sometimes it's obvious that a person lacks the capacity to understand a situation – but this area can certainly be grey. Foggy periods may alternate with moments of clarity, or your loved one might be clear in certain matters but not others. Furthermore, illness, stress, dehydration, and other conditions can temporarily affect a person’s capacity.

Your loved one’s doctor can assess their capacity if needed. Some POAs spell out the circumstance in which the principal will be considered incapacitated, such as if two doctors agree on the matter.

Note that “capacity” is not the same as “competence”. It’s up to the court to declare a person incompetent, which would mean that they permanently lacked capacity. However, it may not be necessary to involve the courts to invoke a POA unless someone – including your loved one – is challenging the matter of capacity.

Elder law attorneys are an excellent resource if there are any questions on this topic. They are skilled at determining whether their client meets the criteria for capacity, and can recommend the next steps as needed.

It’s recommended to work with an elder law attorney to set up a POA if you anticipate that anyone may challenge your loved one’s capacity. They’ll be able to provide strong testimony to your loved one’s capacity should the need arise.

You can’t “get” a POA for someone else. They have to decide to do it themselves – and they must be mentally competent to understand their decision.

A diagnosis of dementia doesn’t necessarily mean that they don’t understand the consequences of their choices, especially in the earlier stages. As long as they have capacity, it’s still possible for them to complete a POA.

If you anticipate a disgruntled sibling, or someone else, may question whether your loved one was indeed mentally competent at the time of signing the POA, there are steps you can take to protect your loved one.

Sign the POA in front of witnesses who also sign statements that your loved one seemed competent

Record a video of your loved one explaining their wishes as they relate to their POA

Include a dated, signed statement from your loved one’s doctor that, in their opinion, your loved one was capable of understanding their decision

If your loved one isn’t able to understand the consequences of their choices, you’ll need to petition the court for guardianship instead.

It’s incredibly important that your loved one choose an agent they completely trust – simply selecting their spouse, eldest child, or closest relative shouldn’t be a foregone conclusion. In many cases, a close friend or paid professional is ultimately a better choice than a family member.

Listen attentively to your loved one’s wishes

Be able and willing to uphold your loved one’s wishes (even if it’s difficult, emotional, or conflicts with their own)

Agents who will be managing money should have at least a basic ability to do so – the nephew who can’t even balance his checkbook may not be the best choice. However, integrity is even more important than financial ability in an agent. They have access to all your loved one’s assets, and it can be very difficult to reclaim any money swindled from a dishonest agent.

A health care agent doesn’t necessarily need a background in medicine, but it can be helpful, if possible.

If separate agents are named for financial and medical matters, it’s wise to avoid appointing people who don’t work well together, since they may need to collaborate on care issues. For example, the health care agent can select the best senior living facility, but the financial agent will need to approve the costs.

Many people appoint more than one agent in their POA. The most common way to share duties is for one individual to serve as a financial agent and another to serve as a health care agent.

It’s also smart to appoint a secondary agent in the event the primary is unable to carry out their duties for any reason.

While some people do appoint co-agents to serve together as equals, this arrangement is more likely to result in confusion, conflict, or delay when only one can be reached during an emergency, or if they disagree about how to handle a situation.

Family caregivers tend to have many questions about POAs. Here are some of the most common.

An “attorney-in-fact” is a person who is authorized to act on behalf of another. It can be used interchangeably with the term “agent”.

Fiduciary duty is a legal obligation to always act in another’s best interest. An agent appointed by a POA has a fiduciary duty toward their principal and can be held legally accountable if they make decisions that breach it.

Examples of breach of fiduciary duty include:

Selling the principal’s property at unreasonably low rates to family or friends

Incurring foolish debts or failing to manage their finances properly

Giving improper gifts from the principal’s estate

Overpaying themselves for their own services

Can a POA pay themselves for their service?

It’s generally agreed that POAs should be able to pay themselves a “reasonable” amount, especially if they’re devoting a lot of time to their duties. What’s considered a reasonable rate varies depending on where you live and exactly what you’re doing.

Be sure that the payment is described in the POA document.

 Some states allow the agent compensation only if it’s specifically addressed in the POA. Whether or not it’s required, being up-front and transparent about payments can prevent trouble down the line, such as accusations of fund mismanagement or lost 

 (if it’s determined the payments were technically gifts).

A written personal caregiver contract is also recommended 

to protect both yourself and your loved one, and any earnings should be treated as taxable income.

 if you’re representing both yourself and your loved one as you sign the contract to ensure the arrangement looks fair to an objective eye.

Note that reimbursement for expenses is different from compensation. POAs are always entitled to reimbursement for expenses – just keep your records clear and organized.

As long as you’re making a good faith effort to act in your loved one’s best interest – and aren’t being careless or negligent – you generally won’t be held personally responsible for debts incurred by your loved one’s estate.

You can assist your loved one to access or complete their ballot if they’re physically unable to do so, but you can’t cast a vote for them just because you know how they “would have” voted if they could.

 for people with mental and physical disabilities at the ACLU website.

assisting cognitively impaired people to vote

 in the American Bar Association’s quick guide on the topic.

The principal in a POA has the final say in all matters, so their agent cannot override their wishes.

If you're concerned that your loved one isn't able to understand their decisions, you can take the matter to court. A judge will determine whether they lack competence and if so, will appoint a guardian who can override their wishes.

Unless a person is declared incompetent, they have the right to make decisions for themselves – even “bad” ones.

If you’re concerned that your loved one’s agent isn’t acting in their best interest, you can file a petition challenging them in court. Talk to an elder law attorney for help. If the court agrees, they’ll appoint a guardian to watch out for your loved one.

If you’re concerned that the POA may be abusing or exploiting your loved one you should also contact your local 

. They have the authority to investigate the matter and protect your loved one from harm.

The medical POA agent can deny visitation to particular people if they believe the visit would be detrimental to your loved one’s health. However, this can be a very grey area. Usually, the agent can’t prevent visits from people your loved one wants to see.

If you’ve been unable to talk out the situation with the agent you can contact an elder law attorney, or your local 

Isolation can be a form of emotional elder abuse. If you believe that your loved one’s POA may be abusing them, contact your local 

Doctors and other medical providers generally must comply with a POA agent’s decisions, although there are a few exceptions.

Potential reasons a medical provider may not comply with a POA’s decision:

Frequently Asked Questions About POAs

Gain clarity on Power of Attorney with our simplified guide, exploring rights, limitations, and decision-making responsibilities. Easily understand the essentials for effectively navigating the POA process, while safeguarding your loved one's interests.

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