The Legal Checklist Before Your Parents Move to Assisted Living
From someone who’s helped families through it.
Once you’ve started “the talk” about assisted living, the first question is “Where will they live?” followed by:
- “Who can talk to the doctors?”
- “Who can pay the bills?”
- “What happens if Mom can’t make decisions anymore?”
That’s where legal planning comes in.
At Trust Johnson Law, we have walked with Colorado families through the emotional side of moving aging parents to include the paperwork side. The move itself is stressful enough and the last thing you want is to be blocked from helping because a facility, bank, or hospital says, “We don’t have the right documents.”
This guide walks you through the core legal documents we recommend having in place before a parent moves to assisted living.
Why You Shouldn’t Wait Until There’s a Crisis
Most families call us after something has already gone wrong:
- A parent falls and is hospitalized
- A dementia diagnosis progresses faster than expected
- A facility asks for documents the family doesn’t have
At that point, options may be limited and more expensive. Planning before the move gives your parents a voice while they can still clearly express their wishes and it gives you a roadmap when things get hard.
1. Financial Power of Attorney: Who Can Pay the Bills?
A Financial Power of Attorney (POA) lets your parent appoint someone they trust (often an adult child) to handle money and property if they can’t or simply don’t want to manage it all anymore.
In assisted living situations, this can include:
- Paying the facility each month
- Managing bank accounts and investments
- Handling insurance, pensions, and Social Security
- Selling or renting the home if needed
- Signing checks and contracts on their behalf
Without a valid POA, you may be stuck going to court to be appointed as conservator or guardian which is an expensive, time-consuming process that adds stress during an already emotional time.
Key point for Colorado families:
Make sure the POA is durable (it remains valid if your parent becomes incapacitated) and that it’s updated to reflect current wishes and laws, not a generic form from 20 years ago.
2. Medical Power of Attorney: Who Speaks to Doctors?
A Medical Power of Attorney (sometimes called a healthcare proxy or medical decision-maker) allows your parent to choose who will make medical decisions if they can’t speak for themselves.
In the context of assisted living, this covers things such as:
- Approving or declining medical treatments
- Choosing doctors or specialists
- Making decisions about surgery, hospitalization, or rehab
- Working with the facility on care plans
If your parent doesn’t appoint someone, Colorado law has a default process for selecting a “proxy decision-maker” but that may not be the person they would have chosen. And it can create conflict among siblings or family members who disagree.
Having a clear, signed Medical POA reduces confusion and conflict when decisions need to be made quickly.
3. HIPAA Release: Access to Medical Information
Even if you’re the “obvious” caregiver, privacy laws can prevent doctors and hospitals from sharing information with you.
A HIPAA release authorizes medical providers to share your parent’s health information with specific people. This is different from a Medical POA:
- HIPAA release = lets providers talk to you and share records
- Medical POA = lets you make decisions if your parent cannot
You want both. Without a HIPAA release, you may find yourself shut out of critical conversations about your parent’s care.
4. Living Will / Advance Directive: What Are Their Wishes?
A Living Will (also called an advance directive) allows your parent to express their wishes about end-of-life care, such as:
- Life support and resuscitation
- Artificial nutrition and hydration
- Comfort care and pain management
These are incredibly hard topics to talk about—but they are even harder to navigate when no one knows what your parent would have wanted.
A clear Living Will:
- Guides doctors and facilities
- Reduces guilt and second-guessing for adult children
- Helps avoid family conflict during medical crises
In Colorado, this document can be tailored to your parent’s values, beliefs, and comfort level. It’s not one-size-fits-all.
5. Will vs. Trust: Planning for What Happens to the Home and Assets
When a parent moves into assisted living, the family often has to decide what to do with:
- The house
- Savings and investments
- Personal belongings and family heirlooms
A Will outlines who receives assets after death.
A Trust can go further by:
- Providing management of assets if your parent becomes incapacitated
- Making it easier to manage or sell the home
- Potentially avoiding probate or simplifying it
- Providing ongoing support for a surviving spouse or disabled child
For many Colorado families with a home and some savings, a revocable living trust can be a powerful tool especially when combined with Powers of Attorney and a clear estate plan.
We help families decide whether a Will alone is sufficient or whether a Trust-based plan makes more sense for their situation.
6. Facility and Care Documents: Don’t Sign Blind
Assisted living facilities often present admission agreements, arbitration clauses, and financial responsibility forms that can be dense and confusing.
Before signing, it’s wise to understand:
- Who is legally responsible for payment
- What happens if your parent’s care needs increase
- How disputes are handled
- What’s included in the monthly fee and what’s an extra cost
We regularly review these documents with families so they’re not surprised later by hidden obligations or restrictions.
Our “Elder Move” Legal Package
Because we’ve seen how overwhelming this process can be, we offer flat-fee “Elder Move” packages designed specifically for families transitioning a parent to assisted living.
Depending on your needs, this can include:
- Financial Power of Attorney
- Medical Power of Attorney
- HIPAA releases
- Living Will / Advance Directive
- Will or Trust-based estate plan
- Review of assisted living contracts and key documents
The goal: give you a clear legal foundation before the boxes are packed and the move begins.
You Don’t Have to Figure This Out Alone
Helping a parent move to assisted living is one of the hardest acts of love you’ll ever perform. Getting the legal pieces in place doesn’t remove the emotions but it does remove a lot of uncertainty.
At Trust Johnson Law, we help Colorado families navigate aging, long-term care, and estate planning with compassion and clarity.
We serve families across Aurora, Parker, Elizabeth, Castle Rock, and the greater Denver Metro area.
Ready to talk through your family’s situation?
Schedule a free 30-minute elder law consultation, or ask us about our flat-fee “Elder Move” package to make this transition as smooth and as dignified as possible for your parents.