How to determine the legal documents needed for your parent

This article is for general informational purposes only and is not legal advice. Legal requirements vary by state and situation, so families should consult a qualified attorney for guidance on their specific needs.

Legal documents you may need for your aging parents

As your parents grow older, having the right legal documents in place can help you manage their affairs if they become unable to make medical or financial decisions. These documents can also help ensure their end-of-life wishes are followed. Preparing them now can give your parent time to consider their preferences and decide who they trust to act on their behalf. Because the documents can be complex and requirements vary by state, it’s best to consult and retain an elder law or estate planning attorney who can help your parents prepare and execute the appropriate documents.

Here’s a list of essential legal documents every aging adult should have. If your mom or dad doesn’t already have them in place, plan a conversation about their wishes and the paperwork they may need. Talking about these subjects may feel difficult, but doing so can help everyone understand your parent’s choices in advance.

Legal documents to obtain before your parent moves to assisted living

Before your parent moves into an assisted living community, the admissions process will involve preparing specific legal documents. Make sure this paperwork is in place before the move so you and your parent can approach the admissions process with the necessary information ready.

HIPAA authorization form

The Health Insurance Portability and Accountability Act, often known simply as HIPAA, establishes legal standards for keeping an individual’s health records and information private. This means healthcare professionals can’t share information about your parent with you unless your parent has provided written consent. A HIPAA authorization form is a straightforward but critical document to complete. It authorizes doctors, medical facilities, and other healthcare professionals to keep you and any other approved family members informed about your parent’s medical status. Most doctors’ offices have these forms available, and completing one only takes a few minutes.

Durable financial power of attorney

A durable financial power of attorney gives you or another appointed agent the authority to handle financial transactions on your parent’s behalf. Keep in mind that your parent must be mentally competent when the document is created. A durable power of attorney differs from a standard power of attorney because it remains effective if your parent becomes incapacitated and can no longer make decisions independently. This allows the appointed agent to continue handling covered financial matters on your parent’s behalf. The document automatically terminates when your parent dies.

Durable medical power of attorney

A durable medical power of attorney names at least one person to make medical decisions on your parent’s behalf if they can’t communicate or make decisions independently. It’s wise to name an alternate agent in case the primary agent can’t be reached during an emergency. Talk with your parent about their wishes for critical medical decisions in advance so you can understand and carry them out if your parent becomes too ill to direct their own care.

Physical assessment form

Before your parent enters an assisted living community, their doctor will be required to complete a physical assessment form. This form provides information about your parent’s medical history, current diagnoses, behavioral or cognitive status, and any sensory or physical limitations. The doctor can also indicate which therapies or medical services your parent needs and how much assistance they may require with self-care and daily living tasks. This information helps document your parent’s needs before they enter the community.

Legal documents for end-of-life planning

A few specific legal documents can record your parent’s end-of-life wishes and determine what happens to their estate after they die. Putting these wishes in writing can provide clearer direction for the people responsible for carrying them out.

Living will

A living will, often called an advance directive, allows your parent to record their wishes for end-of-life care. It can spare family members from having to make difficult medical decisions without clear guidance. Your parent can use a living will to state whether they want life support in the event of a permanent coma, persistent vegetative state, or terminal condition. They can also specify when they want to receive water and food through a feeding tube and when they want comfort care.

Last will and testament

A last will and testament states what happens to your parent’s assets after they die, including their property, money, estate, and possessions. Without a will, the estate will pass according to state intestacy laws, regardless of your parent’s wishes. When creating a last will, your parent will need to list beneficiaries and appoint an executor and alternate executor. Drafting a last will and testament helps ensure the estate is distributed according to your parent’s wishes.

DNR

A do-not-resuscitate, or DNR, document tells medical professionals that your parent doesn’t want cardiopulmonary resuscitation (CPR) or advanced cardiac life support if their heart stops or they stop breathing. A DNR differs from a living will because it’s a medical order written and signed by a physician, making it legally recognized. In some states, Physician Orders for Life-Sustaining Treatment (POLST) serve the same function as a DNR form.

Checklist for caring for aging parents

You should also keep several important healthcare, financial, and personal documents on hand. Having these records together can make it easier to locate the information when your parent needs it. The documents include your parent’s:

• Personal medical history

• Insurance card

• Long-term care insurance policy

• Tax returns

• Deeds to all property

• List of bank accounts

• Documentation of debts and loans

• Stock certificates, brokerage accounts, and savings bonds

• Life insurance policies

• Organ donor card

• Marriage and/or divorce papers

• Birth certificate

• Social Security card

• Long-term care planning documents, including any available care plan or care preferences

• Military records, if applicable

• Driver’s license

• Passport