Legal Documents You Need
Essential legal documents to protect your loved one and ensure you can act on their behalf
Having the right legal documents in place is crucial for caregivers. These documents ensure you can make decisions, access information, and act on behalf of your loved one when needed. It's best to address these documents before they're urgently needed.
Power of Attorney (POA)
Legal document that gives you authority to make decisions on behalf of your loved one
Types:
- •Durable Power of Attorney - remains valid if person becomes incapacitated
- •Financial Power of Attorney - handles financial matters
- •Healthcare Power of Attorney - makes medical decisions
Why It's Important:
Ensures you can act on their behalf if they become unable to make decisions
How to Get It:
Consult with an estate planning attorney. Forms may be available from your state's bar association.
Advance Directive / Living Will
Document that specifies medical treatment preferences if person cannot communicate
Types:
- •Specifies desired life-sustaining treatments
- •Outlines preferences for end-of-life care
- •May include do-not-resuscitate (DNR) orders
Why It's Important:
Ensures medical wishes are respected even when person cannot speak for themselves
How to Get It:
Can be created with an attorney or using state-specific forms. Should be notarized and shared with healthcare providers.
Healthcare Proxy / Healthcare Surrogate
Designates a person to make healthcare decisions when the individual cannot
Types:
- •Primary healthcare decision-maker
- •May include alternate decision-makers
- •Often combined with advance directive
Why It's Important:
Ensures someone trusted can make medical decisions in emergency situations
How to Get It:
State-specific forms available online or through healthcare facilities. May require witnesses.
HIPAA Authorization
Allows healthcare providers to share medical information with designated individuals
Types:
- •General HIPAA authorization
- •Specific authorization for certain providers
- •Temporary or permanent authorization
Why It's Important:
Without this, healthcare providers cannot legally share medical information with you
How to Get It:
Forms available from healthcare providers or can be downloaded from healthcare facility websites.
Will
Legal document outlining how assets should be distributed after death
Types:
- •Simple will
- •Living trust
- •Joint will (for couples)
Why It's Important:
Ensures assets are distributed according to wishes and can prevent family disputes
How to Get It:
Should be created with an estate planning attorney to ensure it's legally valid.
Guardianship/Conservatorship
Court-appointed legal authority when person cannot make decisions and no POA exists
Types:
- •Guardianship of person (personal decisions)
- •Conservatorship of estate (financial decisions)
- •Limited or full guardianship
Why It's Important:
Provides legal authority when person is incapacitated and no advance planning was done
How to Get It:
Requires court petition and hearing. Consult with an attorney specializing in elder law.