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Estate Planning When Facing a Nursing Home Transition: Questions for a Santa Barbara County Elder Law Attorney

Santa Barbara elder law

The decision to place a parent in a nursing home rarely comes easily. Apart from the emotional toll, significant financial and legal adjustments are often necessary. While immediate well-being takes priority, it’s vital to safeguard your parent’s assets and long-term care needs with proactive estate planning.

Questions to Guide Your Consultation

Santa Barbara County elder law attorneys focus on addressing the intricate needs of aging individuals and their families. During your consultation, explore these crucial questions:

  1. Power of Attorney: Is the existing Power of Attorney (POA) sufficient? Does it clearly grant the right to handle financial transactions, make care decisions, and sell property if necessary? Updating a POA might be advisable.
  2. Updating Wills & Trusts: Should their will or existing trusts be revised to reflect the change in living situation and ensure their assets are distributed according to their current wishes?
  3. Long-Term Care Insurance: If your parent has long-term care insurance, understand its benefits, claim thresholds, and how it works alongside other resources.
  4. Guardianship Considerations: If no POA exists or your parent is mentally incapacitated, will court-appointed conservatorship be necessary to safeguard their interests?

Proactive Planning Ensures Your Parent’s Well-Being

Navigating estate planning while arranging nursing home care may feel overwhelming, but you don’t have to do it alone. An elder law attorney will:

  • Provide objective, strategic guidance during a stressful time.
  • Advocate for your parent’s rights and long-term well-being.
  • Create sound legal documents if updates are needed.

Schedule a Consultation

Get the informed counsel your family deserves. Our firm assists with elder law transitions, offering compassion and tailored solutions. Don’t let legal burdens compound your worries. Contact us at 805-946-1550 to schedule an appointment with the mention of this blog post.

Author Bio

Julianna Malis is the Founder and Managing Partner of Santa Barbara Estate Planning & Elder Law, a Santa Barbara estate planning law firm she founded in 2014. With more than 25 years of experience practicing law, she has dedicated her career to representing clients in a wide range of legal matters, including estate planning, elder law, Medicaid and Medicare planning, probate, and other estate planning areas.

Julianna received her Juris Doctor from the University of the Pacific — McGeorge School of Law and is a member of the California State Bar Association.

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