Power of Attorney, Guardianship & Elder Law Help

NAELA is the professional association of attorneys who focus on legal issues of older adults, such as Medicaid planning, powers of attorney, guardianship and long-term care. Its free directory lets you search members by ZIP code.

When to use it: Use when you need a private attorney for Medicaid planning, powers of attorney, guardianship or a facility contract.

Searching is free but attorneys charge fees; ask about costs up front.

LSC funds 129 nonprofit legal aid programs covering every state and territory. Enter an address to find free civil legal help for people with low incomes.

When to use it: Use when your parent has limited income and needs free legal help, for example with an eviction, benefits denial or guardianship.

Legal aid programs have income limits and may have waiting lists.

Free legal rights information, court forms, self-help tools and referrals to nonprofit legal aid in every state and territory.

When to use it: Use to find your state's free legal help guides and forms, or a nonprofit legal aid office.

About 1,000 local providers funded by the Older Americans Act give free legal help to older adults with economic or social need, covering benefits, advance directives, guardianship, housing, long-term care financing and elder abuse. The Eldercare Locator can connect you to the program serving your parent.

When to use it: Use when your parent needs legal help with benefits, housing, guardianship or advance planning and cannot afford a private lawyer.

Services are prioritized for those in greatest need and vary by area.

Mon-Fri 8am-9pm ET (Eldercare Locator)

Free, fillable advance directive forms and instructions for every state, including each state's witness and notary rules. These documents name a health care agent and record your parent's treatment wishes.

When to use it: Use now, while your parent can still make and sign their own decisions.

Your parent must have the mental capacity to sign; if that is in doubt, talk to an elder law attorney.

Free plain-language guides for people handling an older adult's money: agents under a power of attorney, court-appointed guardians or conservators, trustees, and government fiduciaries such as Social Security representative payees and VA fiduciaries.

When to use it: Read as soon as you start paying your parent's bills or signing for them, so you know your legal duties.

Keep your parent's money separate from yours and keep records of every transaction.

A free CFPB guide explaining what you must and must not do when you are named as an agent in a financial power of attorney, and how to spot scams and exploitation.

When to use it: Read when a power of attorney names you and you begin to act for your parent.

A free CFPB guide for people appointed by a court as guardian of property or conservator, covering duties, record keeping and protecting against fraud.

When to use it: Read if a court appoints you as your parent's guardian or conservator.

If your parent cannot manage their Social Security or SSI, SSA can appoint a representative payee, usually a family member, to receive and manage the payments for them. A power of attorney does not give you this authority; you must apply separately, usually in person, using form SSA-11.

When to use it: Use when your parent can no longer handle their Social Security check or it needs to go toward facility costs.

A power of attorney is not accepted for Social Security payments; you must be appointed as payee.

Business days (TTY 1-800-325-0778)

When a veteran or survivor cannot manage VA benefits because of injury, illness or age, VA can appoint a fiduciary, often a family member, after background checks and interviews. Families can ask the Fiduciary Hub to start this process.

When to use it: Use when a veteran parent can no longer manage VA benefit payments.

VA decides incompetency only with medical evidence or a court ruling.

Free consumer tools including the Tool Kit for Health Care Advance Planning, a sample HIPAA form that lets doctors share information with family, and a guide to legal tools such as powers of attorney and living wills.

When to use it: Use when helping your parent think through health care wishes and choose who will speak for them.