5 Legal Documents You Need for Your Loved Ones


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These documents will ensure that you can assist your loved ones in a medical or financial emergency and, at their deaths, ease the distribution of their estate.

  1. A medical directive

    Also known as a living will or advance health care directive, this document sets out what kind of care your loved ones want to receive if and when they become ill or incapacitated.

  2. A durable power of attorney for healthcare and HIPAA release

    A durable power of attorney for healthcare allows you to make healthcare decisions for your loved ones. A HIPAA release gives you access to your their health records and physicians.

  3. A durable power of attorney for finances

    A durable power of attorney for finances allows you to manage your loved ones' financial affairs, pay bills, sell property, and so on.

  4. A revocable living trust

    It allows your loved ones to retain control over their estate while making transfers of assets to beneficiaries. They designate what property (home, investments, jewelry, and so on) goes into the trust and to whom it will be granted. During their lifetimes, they act as executors of their own living trust. A revocable living trust has an important advantage: it allows their estate to avoid probate at the time of their deaths.

  5. A will

    A will makes clear who will receive your loved ones' assets and personal property. A properly written will helps to avoid disagreements over estate after their deaths.

Was this checklist helpful?

15 Comments So Far. Add Your Wisdom.

about 1 month ago

My parents just went and had their <a href="http://www.reddingtonandwhite.com/our-practice/">wills done in Mississauga</a>. It's not a pleasant task, but sure will make everything easier between my siblings afterwards.


Anonymous said about 1 month ago

I wpuld like to know if it is against the hipaa law for me to put up a paper in my husbands room at the nursing home saying that I will be the only person to cut his finger nails. The aid cut them down to the qiuck and some are bleeding.


about 1 month ago

I have a question & I am hoping you can help me. I have been taking care of my Mother for several years. We were living together until she passed March 1. She & my Father did a will a number of years ago together & had it notarized. It was typed up by their friend, the notary, and the notary & her daughter served as witnesses. An attorney recently told me that the will was not legal because it wasn't done by an attorney. Is that true?? She also said a will can't be done jointly. I hope you can advise regarding this. I have a complicated situation because of a family member who did not support my parents at all & who even threatened them on more than one occasion. This party is specifically mentioned in the will, as to why he was to receive only a minimal token to make it legal. Thank you for any help!! God bless!


4 months ago

I have a question about paying the loan off on our car, and taking my husband's name off of it. How do I go about doing this. I have durable power of attorney. Thanks


7 months ago

this is very helpful


almost 2 years ago

Hello LovelyLou, Thank you very much for your comment. Here is our topic center on wills and trusts that you may find helpful: ( http://www.caring.com/will-and-trust ). Take care -- Emily | Community Manager


almost 2 years ago

Need more explanation on wills and trusts.My spouse has not been diagnosed with Alzheimers yet but his thinking is not there could use more information


Anonymous said almost 2 years ago

A durable power of attorney is used in a medical setting. This gives someone the power to authorize "pulling the plug" and other medical decisions. And yes, these forms can by found on the web but many will not hold up in court and cause more of a headache than they are worth. It is so worth going through and estate planning attorney, especially one who practices elder law if working with someone 55+. It could end up being even more expensive if not done right to begin with!


about 2 years ago

Hi doodles1, Some documents may still be valid across states, where others are not. I think it would be wise if you had all the document reviewed in the new state to make sure that everything is still valid. Good luck -- Emily | Community Manager


about 2 years ago

It confirmed what I went through in North Carolina but now that I am here in Floida, do I need new documents?


about 2 years ago

Hi MYmom1, Thanks for your question. We have a great article all about getting paid to be a caregiver that you can find here: (http://www.caring.com/articles/payment-for-family-caregiver). In addition, here are a few more resourses you may find useful: (http://www.caring.com/questions/medicaid-caregiver-pay) and (http://www.caring.com/questions/how-to-get-paid-to-be-a-caregiver-for-parents). I hope that gets your started! -- Emily


about 2 years ago

My son lives with my mom in Michigan and she has dementia. It is not safe for her to be alone and he is unemployed. Can he get paid for caring for her as in income to be used by friend of the court? What is the standard rate for live-in family assistance? Can it be paid for by an agency or does it have to be by family?


over 5 years ago

Does anyone know the difference between "durable" power of attorney and "general" power of attorney? Is one better or more than the other? Thanks Kayjo


Anonymous said over 5 years ago

I want to see copies of these forms that I can use-- or at least links to sites that have them. There are lots that are available freely on the web


Anonymous said over 5 years ago

It would be good to see some of the vocabulary defined somewhere through hyperlinks.


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