When the pandemic alters plans for assisted living

Q: I have an 88-year-old friend who put down a $2,000 deposit at an assisted living facility. She was supposed to move in April 1, except that was when the quarantine and COVID-19 hit our area. She was told she could move in, but none of her children could help her set up her room, nor could they visit until July or August. She didn't move in under those circumstances. On May 1, her rent was due, but she still has not moved in. After seeing so many of the residents in assisted living facilities get the virus and die, that was probably a good idea. Should her $2,000 nonrefundable deposit be refunded, either in full or in part? Should she consult an attorney or just let it go?

A: Your friend will probably have no success getting her nonrefundable deposit refunded.

However, she or a family member should contact the facility to try to arrange as good a deal as possible. These are extraordinary times, and you would hope that the assisted living facility would be reasonable and strive to do what's best for its residents, and that includes letting a new resident delay her start date due to the pandemic.

Hiring an attorney to get a $2,000 refund is likely not costeffective.

If the facility stands its ground and fails to accommodate your friend, then she should consider herself fortunate that she never moved in when her lease began. She can wait a few months and then find a facility that treats its residents better.

Q: Does the state of Texas offer payable on death forms for your home and car online? If so, where can I find them?

A: You can find links to the forms you would need along with detailed explanations at www.texaslawhelp.org.

Q: My wife and I moved to Texas from Colorado three years ago. Our medical powers of attorney require no substantive changes other than the change to our residential address. Can we write in that change and initial it, or must we have two witnesses and a notary? Also, I have created a hand-written joint will for my wife and me. Does this require two witnesses and a notary?

A: You should not make handwritten edits to your Colorado medical powers of attorney. If you do anything, you should sign new Texas medical powers of attorney, especially since new forms will have a greater likelihood of being accepted in Texas.

Joint wills (where two people sign a single document) should never be used. Plus, when a will is hand-written, it must be entirely in the testator's handwriting, meaning you can't write out your wife's will for her. I suggest hiring a Texas attorney to prepare wills for you and your wife.

The information in this column is intended to provide a general understanding of the law, not legal advice. Readers with legal problems, including those whose questions are addressed here, should consult attorneys for advice on their particular circumstances. Ronald Lipman of the Houston law firm Lipman & Associates is board-certified in estate planning and probate law by the Texas Board of Legal Specialization. Email questions to stateyourcase@lipmanpc.com.