When should I see an elder-law attorney?

Before a crisis. The best time is when a parent is still cognitively sharp - powers of attorney, asset protection, and Medicaid planning all have look-back periods and require capacity to execute.

Resources/Legal

Protecting seniors and their assets

Elder Law

Guardianship, asset protection, and protecting seniors from financial exploitation.

Elder law is what estate planning becomes when cognition, long-term care, and family conflict enter the picture. It's a different specialty - and the wrong lawyer can cost a family everything.

The best time to see an elder-law attorney is before you need one, while a parent still has capacity to sign documents.

What this covers

Guardianship alternatives

Full guardianship in Texas is expensive, invasive, and slow. A properly drafted durable POA, medical POA, and Supported Decision-Making Agreement can prevent guardianship entirely - if drafted while the person still has capacity.

Medicaid planning

Texas Medicaid has a 5-year look-back on asset transfers. Real Medicaid planning takes years, not weeks - and 'crisis Medicaid planning' is often too late. Countable-asset spend-down, Miller trusts, and spousal impoverishment protections all have Texas-specific rules.

Financial exploitation

Adults 65+ lose an estimated $28 billion a year to financial exploitation, most of it by family members. Elder-law attorneys build the legal guardrails - limited POAs, trust protector clauses, and reporting duties - that most families never think about.

Capacity assessments

When a parent starts making unusual financial decisions, a formal capacity evaluation (by a geriatric psychiatrist, not the family) becomes the legal foundation for any protective action.

The Central Texas angle

Williamson County's Guardianship Project provides pro-bono representation for low-income families. In Travis County, several elder-law firms offer sliding-fee first consults - we can point you to the right one.

Next steps

Confirm both parents have durable and medical POAs on file
Discuss any recent unusual financial activity with a professional
Book an elder-law consultation before any care crisis

Vetted local providers

Benavides Elder Law, PLLC
Guardianship alternatives, asset protection, and Medicaid planning.
Austin · Cedar Park (512) 555-0211
Williamson County Guardianship Project
Pro-bono guardianship support for low-income Williamson County families.
Georgetown · Round Rock (512) 943-1111

Not sure where to start?

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Frequently asked

When should I see an elder-law attorney?: Before a crisis. The best time is when a parent is still cognitively sharp - powers of attorney, asset protection, and Medicaid planning all have look-back periods and require capacity to execute.