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How to Get Key Legal Documents in Place

Don't wait until your loved one is incapacitated by a health crisis to think about what his or her preferences might be or how you're going to pay his or her bills. Make sure you or someone in the family has these key documents signed and available:

Medical information release form (also called HIPAA, which refers to the Health Insurance Portability and Accountability Act)
Why you need it: Most healthcare providers require patients to sign a disclosure authorization before discussing or sharing their health information with you.
How to get started: The government does not distribute standardized HIPAA forms, so most doctor's offices provide their own. It's best to have your loved one sign one for each of their doctors. Keep signed copies of all the forms.

Advance health care directives (also called medical directive, medical power of attorney, living will, or health care proxy)
Why you need them: Having advance health care directives in place can simplify decision making at difficult times.

There are two main types:
A living will (also called a medical directive) allows a person to direct final medical care, such as which life-prolonging treatments he or she wants to have or avoid.
A power of attorney for health care (also called a medical power of attorney or health care proxy) allows a person to designate someone to supervise or make healthcare decisions if he or she becomes unable to do so.

Some states require two separate documents; others combine them.

How to get started: Meet with an attorney, or use an online legal service (use the search terms advance health care directive and the name of the state where your loved one lives).

Read a step-by-step guide to advance health care directives and living wills.

See sample forms and state laws for living wills and advance directives.

Power of attorney for finances (POA)
Why you need it: In simplest terms, a POA allows you to act on your loved one's behalf, without having to get specific permission each time, to the extent he or she stipulates. Even if your loved one doesn't want you to take on these active duties yet, it's usually a good idea to prepare a POA ahead of time so that you'll be able to step in during an emergency. Without it, the only way to act on your loved one's behalf is to go through a costly and complex court process of appointing a conservator to take on that role.

How to get started: Meet with an attorney, or use an online legal service (use the search term power of attorney for finances and the name of the state where your loved one lives).

Read a step-by-step guide to getting a power of attorney.