Families in Memphis often look for an elder law attorney when a parent or spouse can no longer manage money, health decisions, or long-term care costs. This page explains when legal help is needed for Medicaid planning, powers of attorney, and guardianship, and how to find a qualified attorney without relying on an unvetted firm list.
When Memphis Families Need an Elder Law Attorney
Memphis families typically need an elder law attorney when a loved one can no longer manage finances or medical decisions, or when paying for long-term care will require Medicaid planning, a power of attorney, or guardianship.
Dementia affects memory, thinking, and the ability to complete daily activities, as described by the CDC. Banks, hospitals, and home care agencies often ask who has legal authority to sign once those changes appear. That is the point to involve an elder law attorney, ideally before a crisis.
Common moments to call include a new diagnosis, a hospital stay that will require help at home, a bank freeze because no one is named on the account, or a realization that private-pay care will outlast savings. Legal work is not a substitute for hands-on help. Many families pair planning with memory care at home or personal care so daily needs are covered while documents and benefits are put in place.
Medicaid Planning and TennCare CHOICES
An elder law attorney can help a Memphis family plan for TennCare CHOICES, Tennessee's Medicaid program for long-term services and supports, including how assets, timing, and a functional eligibility review affect approval.
The National Institute on Aging publishes an overview of paying for long-term care. CHOICES is administered by the Division of TennCare, delivered through managed care organizations, with Area Agencies on Aging and Disability (AAAD) offices assisting with applications.
CHOICES has three enrollment groups with different services. Group 2 covers home- and community-based services and has an active waitlist, so applying as early as possible is recommended. While an application is pending, families may need privately paid companion care or 24-hour live-in care.
Financial rules are strict. A single applicant generally faces a $2,000 asset limit. When both spouses are applying, the combined asset limit is $3,000. Tennessee uses a 60-month (5-year) look-back period when reviewing asset transfers, so gifts or below-market sales during that window can affect eligibility.
Functional eligibility uses a Nursing Facility Level of Care (NFLOC) review. That review looks at Activities of Daily Living, Instrumental Activities of Daily Living, and cognitive or behavioral factors. Alzheimer's disease and other dementias can be part of that review, but a dementia diagnosis alone does not guarantee an NFLOC designation. Tennessee does not use a separate, lower threshold specifically for dementia.
If you are not already enrolled in TennCare, contact your local Area Agency on Aging and Disability, or call 1-866-836-6678 to be directed to the nearest AAAD. Current TennCare members apply for CHOICES through their assigned health plan. TennCare Connect can also be reached at 1-855-259-0701. To learn more about the program's overall structure, see the TennCare CHOICES page.
Powers of Attorney and Advance Planning
Powers of attorney and related advance documents let a person in Memphis name who will handle money and health care if they later cannot, and those papers must be signed while the person still has legal capacity.
A durable financial power of attorney names someone to pay bills, talk to banks, and handle benefits. A health care power of attorney (and related advance directive papers) names someone to speak with doctors when the person cannot. An elder law attorney can match the documents to Tennessee practice and to the family's actual situation, including whether a later Medicaid application is likely.
For families facing Alzheimer's disease, the National Institute on Aging offers guidance on legal and financial planning, including taking action while the person can still take part in choices about money, property, and health care. Families dealing with other forms of dementia should not wait either. Once capacity is gone, a power of attorney generally cannot be created, and a court guardianship may be the only remaining option.
Guardianship When Capacity Is Lost
Guardianship is a court process Memphis families may need when a person can no longer make safe decisions and did not already sign a valid power of attorney.
It is usually a last resort. A judge, not the family alone, decides whether the person needs a guardian, who may serve, and what powers that person will have. An elder law attorney can explain whether a petition is necessary, what evidence the court may want, and how the arrangement is supervised after appointment.
Guardianship questions often surface after a hospital stay, when no one has clear authority to consent to home care or a discharge plan. Ask the hospital's discharge team who they will accept as a decision-maker, and consider hospital discharge care so the person is not sent home without help.