Before the move, look for two documents. A durable power of attorney for finances lets a named agent handle money, like paying the community. A durable power of attorney for health care names a proxy for medical decisions if your parent can't communicate. The financial one must be made while your parent has legal capacity. If neither exists and capacity is in doubt, see an elder law attorney now.
Key facts
- A health care proxy named in a durable power of attorney for health care can make medical decisions only if the person can't communicate them, and permission for doctors to talk with family is a separate step. (NIA, 2023)
- The CFPB's guide for agents lists four basic duties: act only in the person's best interest, manage their money and property carefully, keep it separate from your own, and keep good records. (CFPB, 2015)
- Under HIPAA, someone who can make health care decisions for a person under a health care power of attorney is that person's personal representative, and providers generally must let that representative see and get copies of the person's health information. (HHS, 2020)
- Alzheimers.gov says financial planning documents, such as a power of attorney, must be made while the person still has legal capacity to make decisions. (Alzheimers.gov, 2026)
- A 2015 federal compendium of state rules found that most states require the resident, or a representative if there is one, to sign the residency agreement. (ASPE, 2015)
The community needs a deposit, and the bank wants to know who you are. The admission packet asks for a "legal representative" on every other page. Your mom may have signed something years ago, or nothing at all. This post explains which documents matter for the move and what an agent can and can't do. It also covers what happens when there is no power of attorney, and what to ask a lawyer.
This post explains what these documents are and what to ask. It isn't legal advice. State law governs powers of attorney, and an elder law attorney is the right person for your parent's situation.
Which documents matter for an assisted living move?
Four documents come up, and each does a different job. The National Institute on Aging (NIA) describes them this way:
| Document | What it does | Where it shows up in the move |
|---|---|---|
| Durable power of attorney for finances | Names someone to make financial decisions when your parent can't | Deposits, monthly payments, bank accounts, benefits, the house |
| Durable power of attorney for health care | Names a health care proxy to make medical decisions if your parent can't communicate them | Care decisions, the community's medical file, hospital stays |
| Living will | Says which medical treatments your parent would want or avoid | A copy for the community and doctors |
| Permission for doctors or lawyers to talk with you | Lets named people discuss your parent's care or affairs | Calls with doctors, the discharge team, the community nurse |
NIA points out that the last one is different from naming a health care proxy. A proxy can only make decisions if your parent can't communicate. Permission to talk is about information. Our post on HIPAA authorization for family covers that step.
Find the originals, make copies, and keep the originals at home. The Consumer Financial Protection Bureau (CFPB) tells agents never to give away the original power of attorney. It notes that certified copies can be made.
What does a financial agent do during the move?
The agent handles money for your parent, within the powers the document grants and state law allows. In a move, that often means paying the deposit and monthly fees from your parent's accounts. It also means dealing with the bank and managing bills at the old house. Selling the house or changing accounts depends on what the document says. Ask an elder law attorney before you act on anything large.
The CFPB's guide for agents lists four basic duties that apply the whole time:
- Act only in your parent's best interest.
- Manage your parent's money and property carefully.
- Keep your parent's money and property separate from yours.
- Keep good records.
Tell the community's business office who the agent is, and give it a copy of the document. Then bills and payment questions go to the right person from the first month.
In practice, pay the community from your parent's own account and keep receipts for every expense. The CFPB warns that paying with your own money and paying yourself back makes records hard to keep. A bank may refuse to accept the power of attorney. If so, the guide suggests asking for a supervisor and then talking to a lawyer. It notes that state law may require the business to accept it.
If you'll be paying bills from another city, managing a parent's bills from far away covers the details. If the family hasn't settled who should be agent, see which sibling should be power of attorney.
What does the health care proxy do during the move?
The health care proxy steps in only when your parent can't make or communicate medical decisions. While your parent can decide, they decide, including whether to move. NIA suggests choosing a proxy who knows the person's values and wishes.
The document also matters for health records. HHS says that someone who can make health care decisions for your parent under a health care power of attorney is your parent's personal representative under HIPAA. Providers generally must let that person see and get copies of your parent's health information. Give the community a copy. Then staff know who to call and who can decide if your parent can't.
Alzheimers.gov adds medical orders to the list, such as a do-not-resuscitate (DNR) order and POLST or MOLST forms. If your parent has one, the community needs a copy on file from the first day.
Read each document once, all the way through. Check the date and the names. The named agent or proxy may have died, moved away or be unable to serve. If so, see whether the document names a backup. If it doesn't, raise it with the attorney before the move.
Know when it's time to call the lawyer
Parent Move Plan puts the move's tasks on real dates counted back from move-in day. For powers of attorney and similar questions, it tells you when to ask an elder law attorney. It helps you organize the move and doesn't replace legal advice.
Get your first 3 days freeWhat if there is no power of attorney?
It depends on whether your parent can still make and sign decisions. Alzheimers.gov is clear that financial planning documents must be made while the person still has legal capacity to make decisions.
- Your parent can still decide. They can sign their own residency agreement and manage their own money, with your help. If they want an agent, now is the time to see a lawyer. NIA notes that you don't need a lawyer to make advance directives for health care, and most states give out the forms for free. A lawyer can help set up a power of attorney or trust.
- Capacity is in doubt. Talk to your parent's doctor and an elder law attorney this week. If documents can no longer be signed, families may need a court process such as guardianship or conservatorship. The CFPB describes this as a court naming someone to manage money and property for a person who needs help. Rules and timelines vary by state.
For low-cost help, NIA suggests your local bar association, which can point you to free legal aid. It also suggests the Eldercare Locator (1-800-677-1116). Alzheimers.gov adds that Area Agency on Aging officials may give legal advice or help. Our post on when to hire an elder law attorney helps you decide whether this is the moment.
A way to raise it with your parent: "If something happened and you couldn't tell the doctors or the bank what you want, who would you want speaking for you? I'd rather we write that down together now than guess later."
Who signs the assisted living residency agreement?
Usually your parent, or their legal representative. A 2015 federal compendium of state rules found that most states require the resident to sign the residency agreement, or a representative if there is one. Maryland even requires the agreement to recommend that an attorney review it.
If you sign, ask two questions in writing before you do. "Am I signing as my mother's agent under her power of attorney?" And "Does anything in this agreement make me personally responsible for payment?" Have an elder law attorney review the answers and the agreement. Our assisted living contract checklist lists the other clauses to read closely. For where these steps sit in the whole move, see the 60-day moving checklist.
Frequently asked questions
Do you need power of attorney to move a parent into assisted living?
Not always. If your parent can make and sign their own decisions, they can sign the residency agreement themselves. A power of attorney matters when your parent can't handle finances or decisions alone, or wants someone else to manage them. For your parent's situation, ask an elder law attorney.
Can I sign the assisted living contract with a power of attorney?
An agent may be able to sign on the principal's behalf if the document and state law give that authority. Ask an elder law attorney to confirm, and ask the community in writing whether you are signing as your parent's agent or taking on any personal obligation.
What if my parent no longer has capacity and there's no power of attorney?
Financial planning documents such as a power of attorney must be created while a person still has legal capacity. If that's no longer possible, families may need a court process such as guardianship or conservatorship, which varies by state. An elder law attorney can explain the options where your parent lives.
Is a health care power of attorney the same as HIPAA permission?
No. A health care proxy makes medical decisions only when your parent can't communicate their own. Permission for doctors to talk with you is a separate step. Under HIPAA, though, a person with authority under a health care power of attorney is generally treated as the patient's personal representative.
Sources
- NIA: Getting Your Affairs in Order Checklist (accessed Sept 2026)
- Alzheimers.gov (NIA): Planning After a Dementia Diagnosis (accessed Sept 2026)
- CFPB: Help for agents under a power of attorney (accessed Sept 2026)
- HHS: HIPAA, Personal Representatives (accessed Sept 2026)
- ASPE: Compendium of Residential Care and Assisted Living Regulations and Policy, 2015 Edition (accessed Sept 2026)
- ACL: Eldercare Locator (accessed Sept 2026)