Do you have all the information you need to handle the role of caregiver effectively? Talking with a loved one about their wishes is important, but without the proper documentation, you may not have a legal leg to stand on if they should become incapacitated. This caregiver’s legal checklist will help.
Building a Caregiver’s Checklist
Some essential documents are legally binding while others, like burial plans, might be more flexible. Include the following items in your caregiver’s checklist and you’ll be prepared to handle almost every contingency.
A Current Will, Trust, or Estate Plan
Wills, trusts, and estate plans are separate documents that work together. They protect an individual’s assets and ensure they are distributed according to the person’s wishes.
These documents are essential for a caregiver who needs to know basic information, such as their loved one’s healthcare directives and who will receive assets after their passing. The guardianship of young children and care plans for a beloved pet may also be included.
Durable Power of Attorney
Without a durable power of attorney (DPA) document, a caregiver cannot act on behalf of their loved one even if that person has made a verbal agreement to allow it. The legal right to oversee another person’s financial affairs, including paying their bills, is granted through a DPA.
Healthcare Proxy
Also known as a healthcare power of attorney, living will, or durable medical power of attorney, a healthcare proxy designates who will make healthcare decisions for your loved one if they are unable to. A medical power of attorney is one of the most crucial documents on a legal checklist.
Not only does this document allow you — the agent — to make medical decisions on your loved one’s behalf, but it also includes your loved one’s specific directions for their care. This relieves the caregiver of having to guess what Mom or Dad might want to do in the case of a life-threatening illness or emergency.
HIPAA Release Form
The HIPAA release form empowers you as a healthcare proxy. It allows healthcare providers to share medical information that might otherwise be kept private with a designated caregiver. Having a HIPAA release signed in advance is crucial as it cannot be done if a person is unconscious or incapacitated.
End-of-Life Instructions
Talking about things like organ donation, funerals, and whether your loved one wants to be resuscitated in a medical emergency is painful for all involved. However, it’s necessary to know this information in order to care for your loved one in the way they want.
An end-of-life instructions document can be highly detailed, including the clothing they want to be buried in, or more general. An estate planning attorney will help make sure all of the most crucial points, such as preferences for hospice care, are included.
Miscellaneous Financial and Personal Documents
Any legal document that pertains to your loved one could make your job as a caregiver easier, including:
Death certificate of a spouse
Divorce decrees
Birth certificate
Military discharge papers
Insurance policies, including life insurance and long-term care insurance
Banking information, such as account numbers and passwords
Property deeds
Retirement accounts
Citizenship papers
Titles to vehicles
Online account information, including passwords
Contact information for close friends and relatives
Not all of these documents apply to every person, but it is helpful to include them in your caregiver’s legal checklist if they do apply.
You’re Not Alone
If your parent or other loved one hasn’t completed their estate planning, make an appointment with an attorney to finish or update their plans. An experienced attorney can help you explore options even if your loved one has become incapacitated.
Call Heritage Legal, PC in Palm Springs to schedule a free estate planning consultation.