Power of Attorney and Moving Mom or Dad Into Care: What Families Should Have Ready

Quick answer: Before a move, find out who can legally sign for Mom or Dad. If they can still decide, they sign for themselves. If not, a durable power of attorney covers money and legal papers, and an advance health care directive covers health care. Gather copies now. For legal questions, talk with an elder law attorney.

The care home sends over the move-in packet, and one line stops you cold: “Signature of resident or legal representative.” Is that you? Your brother? Does Mom have to sign it herself, even on a bad day? You’re not alone. This guide explains the main papers in plain words, so you know what to ask a lawyer.

This is general information, not legal advice. Every family’s situation is different.

The short version

• If your parent can still make their own choices, they sign for themselves.
• A durable power of attorney lets someone handle money and legal matters. An advance health care directive names someone for health care choices.
• Being a son or daughter doesn’t, by itself, give you legal power over a parent’s bank account.
• Get copies of every paper together now, before a hospital stay makes things rush.
• Legal questions go to an elder law attorney. Nonna Placements is free to families and can help with the rest.

Why do care homes ask about power of attorney?

Moving into a care home means signing an admission agreement and other forms. The home needs to know who can sign them.

If Mom can understand the choice and wants to move, she can usually sign for herself. If she can’t decide anymore, the home will ask who has the legal right to act for her. That’s where these papers come in.

What are the main papers, and what does each one do?

The names sound alike, but they do very different jobs.

• Durable power of attorney (for finances). What it covers: Money, bills, property and legal papers. Who sets it up: Your parent, while they can still decide. Court needed?: No.
• Advance health care directive (includes a power of attorney for health care). What it covers: Health care choices and wishes. Who sets it up: Your parent, while they can still decide. Court needed?: No.
• Social Security representative payee. What it covers: Only Social Security or SSI payments. Who sets it up: Social Security picks the payee after you apply. Court needed?: No, but you must apply.
• Conservatorship. What it covers: Care, money, or both, as a judge decides. Who sets it up: A judge. Court needed?: Yes.

The California courts’ self-help guide lists powers of attorney and advance health care directives as options that don’t involve a court (California Courts).

What makes a power of attorney “durable” in California?

A regular power of attorney can stop working if the person who made it loses the ability to decide. A durable one keeps working. Under California law, it’s durable when it says so in writing, for example that it won’t be affected by later incapacity, or that it starts when the person becomes incapacitated (Probate Code 4124).

That second kind is often called “springing,” because it springs into effect when something happens, like a finding that your parent can’t decide anymore (California Courts).

California law also sets basic signing rules. A power of attorney must be dated, signed by your parent (or by another adult at their direction and in their presence), and either notarized or signed by two qualified witnesses (Probate Code 4121). And the person making it has to have the capacity to make a contract (Probate Code 4120). Whether a parent still has that capacity is a question for their lawyer.

How is health care different?

Money and health care are separate. A financial power of attorney doesn’t automatically let you make medical choices.

For health care, California uses an advance health care directive. It can name an agent for health care choices and record your parent’s wishes. It must be dated and signed, and either notarized or signed by two witnesses (Probate Code 4673). California has a sample form in the law, but your parent can use a different form (Probate Code 4701). The Attorney General’s office links to a free fillable one (CA Attorney General).

Three things often surprise families:

• When it starts. Unless the document says otherwise, the health care agent’s power starts only when your parent can’t decide for themselves, and it stops if they get better (Probate Code 4682). Unless the directive says otherwise, the primary doctor makes that call (Probate Code 4658).
• Who can’t be the agent. In general, the owner or a worker at the care home where your parent lives can’t be their health care agent, unless they’re related (Probate Code 4659).
• Signing in a nursing facility. If your parent signs a directive while staying in a skilled nursing facility (often for rehab after a hospital stay), California requires a patient advocate or ombudsman to sign as a witness (Probate Code 4675). Ask the social worker or your lawyer.

The surprise: A power of attorney doesn’t let you manage Mom’s Social Security. Social Security says having power of attorney, or a joint bank account, is not the same as being a representative payee. If your parent can’t manage their benefits, you have to apply to Social Security to be the payee (SSA). Call 1-800-772-1213. Learn more in our guide to Social Security and assisted living.

What should you have ready before the move?

You may not have every item, and that’s okay. Just know where things stand.

• Copy of the durable power of attorney for finances, if there is one
• Copy of the advance health care directive, if there is one
• POLST form, if your parent’s doctor filled one out
• Trust or conservatorship papers, if any
• Photo ID, Medicare card, and any Medi-Cal or other insurance cards
• Current medication list and the doctor’s name and phone
• A list of who to call first, second and third
• Notes on any Social Security payee or VA paperwork

Keep the originals somewhere safe. The Attorney General suggests giving copies of a directive to the agent, the doctor, the place giving care, and trusted family (CA Attorney General).

Homes will also ask for health papers, like a recent doctor’s report and a TB test. We can help you gather the paperwork the home asks for.

What if Mom can still decide for herself?

Then the choice is hers. Talk with her now about who she’d want to help with money and health care someday. An elder law attorney can help her make the papers. For words to start the talk, see our guide on how to talk to Mom or Dad about moving has words you can use.

What if there’s no power of attorney and Mom can’t decide?

This happens a lot, often after a stroke or a fall. There are still paths.

• For health care: California law lists who can make health care choices when a patient can’t. If there’s no agent or other legal decision maker, a doctor or the care team may choose a close family member or friend to decide health care questions (Probate Code 4712). That rule is about health care. It doesn’t give anyone control of a bank account.
• For money and legal papers: you may need to ask a court. A conservatorship is when a judge appoints someone to make decisions for a person who needs help. A judge can only do this if less restrictive options won’t work (California Courts). It takes time, so call an elder law attorney soon.

If a hospital discharge is coming fast, tell the social worker there’s no power of attorney, then call or text us. Our hospital discharge guide explains what usually happens next.

What should you do next? An if-then guide

• If Mom can still decide, then talk with her now and ask an elder law attorney about setting up papers.
• If papers exist, then find them, make copies, and give copies to the people who need them.
• If Mom can’t decide and there are no papers, then talk with her doctor and the social worker, and call an elder law attorney soon.
• If your parent gets Social Security and can’t manage it, then contact Social Security about becoming the payee.
• If you need a care home soon, then call or text us while the paperwork gets sorted out.

What will a care home cost?

Most care homes in our area run $4,000 to $15,000 a month, depending on the home and the care needed. A few homes charge less, but a price under $4,000 a month is rare. Medicare doesn’t pay for long-term care (Medicare.gov). See our assisted living cost guide.

Where can you get legal help in Sacramento and Placer counties?

• Both counties: Agency on Aging Area 4 can point adults 60 and older to free senior legal services in Sacramento and Placer counties. Call (916) 486-1876 or (800) 211-4545.
• Court self-help: the California Courts self-help guide explains conservatorship and other options in plain language.
• Sacramento County: Medi-Cal’s Assisted Living Waiver can help pay for care in some licensed homes for people who qualify. It’s not offered in Placer County, and there’s a waitlist (DHCS).

We help families anywhere in California, with a focus on Placer and Sacramento counties. See our pages for senior living in Roseville and senior living in Sacramento.

How Nonna Placements works: Nonna Placements is free to families. Licensed homes pay us a placement fee when someone moves in. You can choose any home. If the first home doesn’t work out, we find another one for free. We never hold power of attorney or handle anyone’s money. This article is general information, not legal, medical or financial advice. For legal questions, talk with an elder law attorney.

Papers in a pile? Talk it through with us

You don’t have to sort this out alone. We’ll help you find a home that fits Mom’s needs and budget while you get the legal side handled. We only suggest homes we’ve seen ourselves, and we can come on tours with you. If you live out of state, we offer video tours. If staying home makes more sense, call or text us and we can help you find in-home care options. It’s free to your family, and we reply within 1 hour, 24/7.

Call or text (916) 261-2644 or email roberto@nonnaplacements.com. If a hospital discharge is coming up fast, tell us right away.

Related reading: The Hospital Says Mom Can’t Go Home. Now What? · Does Social Security Pay for Assisted Living? · How to Talk to Mom or Dad About Moving · How Nonna Placements Gets Paid

Sources

• California Probate Code sections 4120, 4121 and 4124 (powers of attorney) (checked October 26, 2026): leginfo.legislature.ca.gov
• California Probate Code sections 4658, 4659, 4673, 4675, 4682, 4701 and 4712 (health care decisions) (checked October 26, 2026): leginfo.legislature.ca.gov
• California Courts Self-Help Guide, Options to help someone with an impairment or disability (checked October 26, 2026): selfhelp.courts.ca.gov
• California Courts Self-Help Guide, Conservatorships (checked October 26, 2026): selfhelp.courts.ca.gov
• California Attorney General, Advance Care Planning (checked October 26, 2026): oag.ca.gov
• Social Security Administration, FAQs for Representative Payees (checked October 26, 2026): ssa.gov
• Medicare.gov, Long-term care (checked October 26, 2026): medicare.gov
• California Department of Health Care Services, Assisted Living Waiver (checked October 26, 2026): dhcs.ca.gov
• Agency on Aging Area 4, Legal Services listing (checked October 26, 2026): agencyonaging4.org

About the author

Roberto Hategan is the CEO & Founder of Nonna Placements, a senior placement service in Granite Bay serving families across California, with a focus on Placer and Sacramento counties. We only suggest homes we’ve seen ourselves. Contact: roberto@nonnaplacements.com