Estate Planning and Probate
Long-Term Care Planning in Mercer
A useful long-term care plan connects the care someone would prefer with the people authorized to help make decisions and the information needed to evaluate available resources. For Mercer residents, the first step can be a clear comparison of care preferences, decision-making documents, and what is known about insurance and finances—not an assumption that a particular program will pay for care.
Start with the care decision
Consider the kinds of support that may be wanted and the circumstances that could change those preferences. A person might prioritize remaining at home if suitable support is available, or consider another care setting if needs change. These are planning preferences, not guarantees that a particular option will be available or funded.
Write down what matters most, what would prompt reconsideration, and who should be included in a care conversation. Separating preferences from funding assumptions makes it easier to compare options without treating an uncertain resource as a plan.
Compare authority with information access
Identify who may act, for what purpose, and under which document. A healthcare power of attorney and advance healthcare directive address healthcare decision-making and preferences; a financial power of attorney concerns authority to act on financial matters. A person named in one role should not be assumed to have every other kind of authority.
The Consumer Financial Protection Bureau distinguishes agents under powers of attorney from trustees, court-appointed guardians or conservators, and government-appointed benefit fiduciaries. These roles are not interchangeable. Review each document’s scope, duration, and limits, and separately note who can locate insurance policies, account information, and care records.
Make a one-page planning inventory
Create a working sheet with four columns: care preferences and questions; current decision-making documents and named people; known insurance or other resources; and items to verify. Include policy or document names and where copies can be found, but avoid putting account passwords or sensitive identifiers on a broadly shared sheet.
For healthcare planning, Tennessee’s Advance Directive for Health Care form covers an agent and alternate as well as healthcare preferences, and includes instructions about signing and sharing copies. Use the form’s instructions when considering the document; this page does not provide a signing procedure.
- What care preferences have been discussed, and what remains uncertain?
- Which person has healthcare authority, and which person—if any—has financial authority?
- What insurance, income, assets, or other resources should be reviewed, and who can access the relevant information?
Treat TennCare as a question to investigate
Tennessee CHOICES is a long-term-services-and-supports program. Both medical and financial requirements apply, so planning should not assume eligibility, coverage, or funding. Ask what requirements would need to be evaluated for the individual situation and what information is needed to explore that question.
A practical coordination plan can assign follow-up questions to the appropriate people: who will clarify care preferences, who can review financial information, and who will investigate whether a program may apply. Keep those inquiries distinct from the person’s healthcare decision documents.
Prepare for a focused planning conversation
Bring the inventory, existing powers of attorney and healthcare directive, insurance information, and a list of questions. Ask whether the documents reflect current preferences, whether the named people understand their roles, and what additional information is needed to assess care choices and possible resources.
Dale Law Group, PLLC offers long-term care planning and related estate planning services to clients in Tennessee. Mercer is an unincorporated Census designated place in Madison County, not a separate city government; the firm’s office is in Murfreesboro.
Questions to bring to the discussion
Does CHOICES guarantee that long-term care will be funded?
No. CHOICES is a Tennessee long-term-services-and-supports program, and both medical and financial requirements apply. Whether it may apply depends on an individual assessment; do not assume eligibility or coverage.
Does a healthcare agent automatically manage finances?
No. A healthcare role and financial authority are distinct. A power of attorney authorizes action within its scope, and the document’s limits matter. Review the relevant documents rather than assuming one role grants all authority.
Discuss your next step with Dale Law Group
Begin with a brief, non-confidential overview. The firm will discuss your needs and appointment arrangements.
General information, not advice for a particular situation. Sending an inquiry does not create an attorney-client relationship.
