Common myths about Medicaid and long-term care

Last month, we explored some of the most common myths about Medicaid and long-term care. As promised, we are continuing the conversation by answering additional questions we hear daily from families navigating these decisions.

Do you work only with seniors?

Not at all! Every adult over 18 should have essential estate planning documents in place, including a financial power of attorney and an advance directive for health care. Planning early provides peace of mind and ensures your wishes are honored.

My loved one has dementia. Can they still sign legal documents?

Maybe. A diagnosis of dementia or Alzheimer’s does not automatically mean someone lacks the capacity to sign documents. Capacity is decision-specific, and many individuals can still participate in legal planning with appropriate evaluation and guidance.

What is the difference between capacity and competency?

These terms are often used interchangeably, but they are not the same. Capacity refers to a person’s ability to make a decision, whereas competency is a legal determination made by the court. This distinction is especially important when families are trying to determine whether a loved one can sign documents or whether guardianship is necessary.

Do I need to pursue guardianship or conservatorship?

Not necessarily. Guardianship is often a last resort. With proactive planning and the right legal documents, many families can avoid court involvement altogether.

Is working with a Certified Elder Law Attorney truly necessary?

While it is not required, it is highly recommended. Elder law is not one-size-fits-all. It requires experience, knowledge of state-specific rules, and a personalized approach to each family’s goals. Most importantly, this could save you thousands of dollars. Hurley Elder Care Law has 3 CELA’s on our team out of only 12 in Georgia. Expertise counts!

At Hurley Elder Care Law, we are passionate about helping families feel informed, prepared, and supported. When you have the right information and the right team guiding you, you can move forward with confidence and peace of mind.

If you have questions about your own situation or a loved one’s care, we are here to help. Call us today for your complimentary phone consultation with our experienced intake specialist at 404-843-0121.