what papers are need for elderly lawyer

17 Legal Documents Needed To Care For Elderly Parents

• Durable Medical Power of Attorney
• Durable Power of Attorney for financial decisions
• HIPAA release form for all physicians
• A will, estate plan, or a trust
• End of life instructions
• Birth certificates
• Deeds to the home
• Bank account information
• Financial account (s) information
• Insurance policies
• Veteran’s discharge papers
• Divorce decrees
• Citizenship papers
• Retirement accounts
• Debt documentation
• Vehicle titles

Full Answer

What legal documents do I need for my elderly loved one?

There are 5 legal documents every elder should have in place. Also known as an Advanced Directive. This document sets out the level and extend of care your loved one wants to receive when they become ill or incapacitated.

Why is it important for seniors to have legal documents?

Oftentimes, seniors have gotten some legal documents together, but not all of them. Doing so will ensure that family members and medical providers are able to make decisions that are in accordance with the senior’s wishes if medical circumstance suddenly change or render them unable to make those decisions on their own.

How do I find a good Elder lawyer?

The American College of Trust and Estate Counsel and the National Academy of Elder Law Attorneys websites are good resources that have directories to help you find someone in your area. If money is tight, check with your state's bar association to find low-cost legal help in your area.

How many power of attorney documents do I need for senior citizens?

The following 17 documents will not only protect the senior’s legal rights, they will also help their adult children know their wishes, allowing for important decisions to be made when that time comes. 1. Durable Medical Power of Attorney (Health Care Proxy)

What documents do you need for aging parents?

Keep track of these important health care documents:Health care proxy or power of attorney.Authorization to release health care information.Living will (health care directive)Portable medical order. ... Personal medical history.Insurance card.Long-term care insurance policy.Emergency information sheet.

What documents should I have as I get older?

Important Personal Documents for SeniorsBirth certificate.Marriage/divorce records.Military records.Driver's license and/or passport.Social Security card.

What basic legal documents should everyone have?

Five Must-Have Legal DocumentsGuardianship Documents. ... Health Care Power of Attorney. ... Financial Power of Attorney. ... Living Will. ... Last Will and Testament. ... U.S. Legal Services Can Help!

How do I organize my elderly parents papers?

5 Steps to Organize Your Loved One's Financial RecordsStep 1: Get access. You or the person holding durable power of attorney will need access to computer accounts and financial records. ... Step 2: Find and sort. ... Step 3: Store for safekeeping. ... Step 4: Create a binder. ... Step 5: Keep track of receipts and money.

What are the four must have documents?

This online program includes the tools to build your four "must-have" documents:Will.Revocable Trust.Financial Power of Attorney.Durable Power of Attorney for Healthcare.

What are elderly rights?

The elderly have the inherent right to life, dignity, and the integrity of their persons, which shall be protected by law. The elderly have the right to be free from abuse, neglect, and exploitation. The elderly have the right to be free from discrimination.

What documents should an adult have?

5 Important Documents Every Indian Adult Must HaveAadhar Card. Image Credits: DD News. ... PAN (Permanent Account Number) Card. This unique 10 digit alpha numeric identity card is issued by the Income Tax Department of India. ... Voter's ID. ... Passport. ... Ration Card.

What is a legal checklist?

Practical Law checklists help attorneys ensure that they are covering all issues when working through a project. Using timelines, flowcharts, tables, decision trees, and lists of issues, you can track steps to completion of any legal undertaking.

What is an example of a legal document?

Legal documents, such as contracts and agreements, are mutual promises between two or more parties. They can be seen everywhere — from business deals and employee contracts to residential leases and settlement agreements.

How do I create a legal document?

Here's how to write a legal document in 10 simple steps:Plan Out the Document Before You Begin. ... Write with Clear and Concise Language. ... Ensure the Correct Use of Grammar. ... Be as Accurate as Possible. ... Make Information Accessible. ... Ensure All Necessary Information Is Included. ... Always Use an Active Voice.More items...

How can I take over my parents finances legally?

Here are eight steps to taking on management of your parents' finances.Start the conversation early. ... Make gradual changes if possible. ... Take inventory of financial and legal documents. ... Simplify bills and take over financial tasks. ... Consider a power of attorney. ... Communicate and document your moves. ... Keep your finances separate.More items...

How do you document finances?

6 Tips for Organizing Financial PaperworkSee What You Have. ... Set Up Your Filing System. ... Reconcile And File Receipts. ... Protect Your Investment Papers. ... Properly Store Your Bank Documents. ... Take Care Of Any Credit Card Issues.

The Emergency Medical File Every Caregiver Should Create

Family caregivers, especially those with medical power of attorney (POA), should assemble a folder containing these 9 important medical details that can be easily handed off to nurses, doctors and first responders when seniors need emergency health care.

How HIPAA Impacts Caring for Aging Parents

If you have concerns about an elderly loved one’s health and are involved in their daily care, it is very important to understand the impact of the Health Insurance Portability and Accountability Act (HIPAA) on caregiving for seniors.

What Is a Do-Not-Resuscitate Order and How Does It Work?

A do-not-resuscitate order (DNR) is an advance care planning document that specifies what potentially life-sustaining medical interventions a person does not want to receive. A basic DNR order usually states a patient’s wish to avoid undergoing CPR.

The Difference Between POA, Durable POA and a Living Will

An estate plan that will safeguard a senior’s health and finances consists of a will, advance directives and powers of attorney. Familiarize yourself with these basic legal documents before estate planning begins.

Legal Competency: When Is It Too Late to Create a Will, Trust or POA?

It is crucial to engage in proper legal planning with family members while they are still of sound mind. An elder law attorney outlines competency criteria that must be met in order to obtain valid legal documents before a crisis strikes.

How to Prepare a Letter of Last Instruction for End-of-Life Wishes

A letter of instruction is an informal estate planning document that clearly communicates instructions and desires that are to be handled after a person dies. It guides surviving family members through personal, financial and funeral information.

How many legal documents should an adult have?

Every adult -- especially seniors -- should have at least four essential legal documents to protect them and their family. These documents will make sure your wishes regarding your estate are legal and clear, and will help minimize any conflicts and confusion with your family and your health care providers if you become seriously illness or when you die.

What is a will?

A Will: This document lets you spell out your wishes of how you'd like your property and assets distributed after you die, whether it's to family, friends or a charity. It also allows you to designate an executor to ensure your wishes are carried out, and allows you to name guardians if you have minor or dependent children.

What is a revocable living trust?

In addition to a will, if you own real estate or have considerable assets, another option you may want to consider is a "revocable living trust." This functions like a will but allows your estate to avoid the time and expense of probate (the public legal process that examines your estate after you die) and helps ensure your estate's privacy.

Where to send senior questions to Savvy Senior?

Or call the Eldercare Locater at 800-677-1116 for a referral. Send your senior questions to: Savvy Senior, P.O. Box 5443, Norman, OK 73070, or visit SavvySenior.org. Jim Miller is a contributor to the NBC Today show and author of “The Savvy Senior” book. Calling all HuffPost superfans!

What is Durable Power of Attorney?

Durable Power of Attorney: This allows you to designate someone you trust to make financial, tax and legal decisions on your behalf if you lose your decision-making capacity.

What are some good resources to find an elder law attorney?

The American College of Trust and Estate Counsel and the National Academy of Elder Law Attorneys websites are good resources that have directories to help you find someone in your area.

What is a durable medical power of attorney?

Also called a Health Care Proxy, Healthcare Power of Attorney, or Living Will, a Durable Medical Power Of Attorney is a type of advance directive that designates a person to make healthcare decisions for you if you are not able to do so.

What is the responsibility of a caregiver to an elderly parent?

If you’re a caregiver to an elderly parent, it is your responsibility to protect your loved one’s legal affairs.

Why do elderly people sign a will?

Your elderly loved one may decide to sign a will to control the distribution of their estate after their death.

Why is it important to talk about end of life instructions?

Talking about end of life instructions also allows you to develop a care plan for when the inevitable happens.

What is a POA?

The Medical Power Of Attorney (POA) is one of the key documents on the legal checklist for aging parents because it allows the individual to appoint an agent to act on their behalf in medical matters if they become incapable of making decisions or communicating them .

How many documents are needed to protect senior citizens?

The following 17 documents will not only protect the senior’s legal rights, they will also help their adult children know their wishes, allowing for important decisions to be made when that time comes.

Why is it important to have legal documents in place?

Legal documents protect everything from finances to medical treatments. For aging parents – it’s more important than ever to have the proper legal paperwork in place.

Why is it important to have medical documents in order?

Not having important medical documents in order can make an unexpected medical event or emergency even more difficult for family members, seniors, and medical providers . Crucial decisions could be delayed, medical records could be withheld, and wishes for end-of-life care might not be followed without these medical documents:

Why is personal medical history important?

Personal Medical History: Documentation about medical conditions, medications, and allergies helps healthcare providers make faster decisions in the event of a medical emergency.

What is estate planning?

Estate planning serves a number of important functions. It allows seniors to indicate exactly what will be done with everything they own, including real estate, vehicles, liquid cash, investments , life insurance policies, and personal possessions . The primary estate planning documents you’ll need are as follow:

What is a living will directive?

Directive to Physicians/Living Will: Also known as living wills and health care directives, these documents tell physicians to withhold predetermined life-saving treatments if the patient’s condition is considered terminal or irreversible.

What percentage of Americans have a will?

Oval 3. As few as 44 percent of Americans have a will, and just 68 percent of seniors older than 65 one have a will, a Gallup poll found. Whether it’s because of a lack of time, lack of money, or the belief that things will sort themselves out, the vast majority of older Americans have not taken all legal planning steps that are needed.

Why do we need personal documents?

Personal document might be required for admission into senior living communities, hospitalizations, selling properties, or litigation. Moreover, having them handy makes dealing with the aftermath of displacement due to an emergency or natural disaster much easier. Gathering these personal documents before they’re needed saves time and energy down the road:

Why is estate planning important?

Estate planning legal documents serve important functions for surviving family members. Having the former in place protects the latter from taxes, legal fees, and potential family disputes arising from the estate.

What is a POA?

A power of attorney (POA) is essentially a legal document where your aging parent can name a person or persons to act on their behalf in all legal and financial matters. Should your aging parent become incapacitated, a general POA will terminate while a durable power of attorney (DPOA) will remain in effect and be able to outline your loved one’s financial expectations.

How can we save ourselves and our loved ones the burden of added stress during an already difficult time?

We can save ourselves and our loved ones the burden of added stress during an already difficult time by making sure that documents related to estate planning and end-of-life have been drawn up, are up-to-date, and are easily accessible.

What to ask for when taking an older parent to the hospital?

They may ask for documentation of your loved one’s durable power of attorney or advance directives. This is when having official paperwork handy becomes important: Having it close can eliminate any additional stress for a smoother hospital visit. Furthermore, ready access to a senior’s medical history can be lifesaving during a medical emergency. For example, documentation about the medications they’re currently taking could dramatically influence treatment.

What is a letter of last instruction?

Letter of last instruction. A letter of last instruction is a document including actions, wishes, or items not covered in your loved one’s will. For example, the letter could include memorial terms, who should be notified of their passing, or how to handle their ashes.

What is a last will and testament?

Last will and testament. A last will and testament is a document containing your loved one’s wishes as to the disposition of their assets when they pass.

Can seniors scan documents?

Going paperless is another option for having easy access to legal documents seniors should have. You can scan them onto your computer, name them accordingly, and store them using an external hard drive or cloud storage service. This way, you can send over documents with ease when required. Keep in mind, a digital copy will not always work, as some documents must be presented in physical form.

When are medical records needed?

Medical records are necessary when applying for benefits, including VA assistance and Medicaid. They are also needed when moving to a senior community. Important health care documents:

What is an advance directive?

Advance directives is one of the most important documents that a senior can prepare. It is actually a collection of documents that include detailed written instructions regarding the individual’s preferences for medical care and comfort at the end of life. It will speak for the individual should he or she become incapacitated.#N#In some states, an advance directive is one specific document detailing medical care and comfort. It helps an individual to clearly articulate the extent of life saving care he or she wants including: 1 Use of life support machines including dialysis and breathing machines 2 Resuscitation if breathing or the heart stops 3 Feeding through a tube 4 Organ or tissue donation

What does DNI mean in medical terms?

A Do Not Intubate (DNI) order states that the person does not want a breathing tube inserted to keep him or her alive. If you want to discuss the pros and cons of this, ask to speak to a respiratory therapist who can describe the intubation process in detail.

What is the role of a proxy in healthcare?

The person appointed as proxy needs to be willing to vigorously defend the senior’s wishes in the face of opposition . The proxy also has the power to make healthcare decisions on behalf of the individual should they be unable to speak for themselves.

How to be a health care proxy?

Appointing a health care power of attorney/health care proxy is one of the most important steps that individuals can take to ensure their wishes are honored if they cannot speak for themselves. These documents are available online, and/or through one’s physician or local hospital.#N#It is important that the person appointed as the health care power of attorney or proxy clearly understands the senior’s wishes. Therefore, discussions that openly and honestly discuss end of life are necessary. These conversations should be held regularly, in case the senior’s wishes change.#N#Being appointed a health care proxy is a weighty responsibility. The person appointed as proxy needs to be willing to vigorously defend the senior’s wishes in the face of opposition. The proxy also has the power to make healthcare decisions on behalf of the individual should they be unable to speak for themselves. That can potentially place the proxy in the middle of very difficult circumstances.#N#For example, the proxy may know that the senior vehemently opposes being resuscitated. Should death occur, family members may fight that wish, wanting every medical intervention possible to say the person’s life. It is the proxy’s responsibility to vigorously defend the individual’s wishes in the face of that opposition.#N#The proxy takes effect only when the family, hospital or physician determines that the individual cannot make decisions for him or herself or cannot communicate his or her wishes. As with all other documents, check with the state department of elder affairs to ensure the proxy meets the state’s legal requirements.

What is a living will?

A living will is a type of advance directive. It is a written document that states the individual’s wishes for the end of life. There is some controversy around these documents and not all hospitals recognize them as legal and binding.

What is elder law?

In other words, the lawyer who practices elder law may handle a range of issues but has a specific type of clients – seniors . Under this approach, the elder law attorney handles the issues that are facing the elderly client: income stability, health care, Social security, Medicare, and Medicaid, to name a few.

Why is it important to prepare a death certificate?

Completing these documents requires careful thought. They are essential to retain control over one’s life during illness and death. Of course that is an eventuality that is difficult to consider. However, preparing these documents gives a trusted friend or family member the information he or she needs to fight for your wishes when you can no longer make them clear to physicians or emergency personnel.

What documents are needed for a living will?

It is important for most people to have these documents. For people where dementia is at issue, it is even more important. These are the documents you need: 1 a client-specific durable power of attorney containing long-term care planning provisions (generic forms rarely suffice) 2 health care directions (often referred to as Living Wills and Health Care Surrogate Designations) 3 a Last Will and Testament 4 a trust agreement.

What is a lady bird deed?

A Lady Bird deed is a special kind of residential real estate deed which allows your property to pass to your children or other heirs immediately upon your death without normal costs, probate and court proceedings. The Lady Bird deed allows you to (1) own your home for the rest of your life; (2) retain your full homestead tax exemption; (3) retain your full homestead creditor protection; (4) where applicable, retain eligibility for Medicaid and other need-based programs; and (5) name beneficiaries of the home very similar to beneficiaries of an insurance policy. Most of my clients benefit from having a Lady Bird deed. My father is the attorney who gave the “ Lady Bird deed ” its name and explained the deed to other lawyers early in the field of Elder Law.

What happens if #1 cannot act?

Many documents “ladder” successors by saying if #1 cannot act, then #2 shall act and so on. This might make sense in the theoretical world of drafting a document but in real life, this can create BIG problems. People with dementia and their loved ones are much more likely than others to need to use the documents imminently. In real life, when #2 shows up at the bank to pay bills or at the hospital to make decisions, the bank or hospital is going to say “Where is #1?”. Until #1 is proven to be incompetent or deceased, #2 has no authority to act. Meanwhile, nothing is getting done and often decisions, especially health-related, must be made quickly.

What is a Florida bar?

The Florida Bar certifies attorneys as specialists in certain practice areas such as Wills, Trusts and Estates or in Elder Law or in Criminal Law. Gone are the days of the general practitioner who can handle your Will, your traffic ticket, your divorce and your contracts. Seeing a specialist is safer and usually the same cost.

What is a digital pocket vault?

The “Digital Pocket Vault” is a computer flash drive, the size of a credit card, designed to be carried in your wallet. If a paramedic responds to an emergency and you cannot speak, the paramedic will look in your wallet for your I.D., they will also find this “vault”.

What is the greatest threat to the finances of people over the age of 50?

The catastrophic cost of long term care is the greatest threat to the finances of people over the age of 50. People with dementia need more care for longer. Most people do not want to think about or plan for what happens when they need extended care. The fact is that most people will require long-term care and most will either not be able to afford it or will get wiped out by the cost. There are legal and ethical ways of protecting one’s life savings against the cost of care without giving away assets and without waiting out penalty periods. Ask your lawyer for a referral to an Elder Law specialist unless they are themselves so certified.

Can a person sign a document with dementia?

Can my loved one sign legal documents even with dementia? It depends. (How’s that for a lawyer’s answer?!). It depends on how progressed is the dementia and if, at the time of signing, your loved one has the requisite capacity. Courts have found that even people in the most advanced stages of dementia can be competent to sign important legal documents. Understand that the medical definition of incapacity is different from the legal definition of incapacity. A person diagnosed with Alzheimer’s Disease or another dementia may still be legally competent to sign documents. It is possible that a doctor could already have written a statement of incapacity regarding the person but this is not determinative of legal incapacity. The capacity requirements for each legal document can be different. Your attorney should discuss capacity issues with you and will know the legal requirements.

Why is a POA important?

This document is crucial because it gives a trusted person the power to manage a loved one’s healthcare in the event they become incapacitated.

How to make medical decisions for elderly parents?

To avoid unnecessary stress and confusion, talk to your family members about getting their affairs in order. It is important for all adults to discuss their personal wishes with loved ones while they are still young and healthy. Once a health care emergency strikes, it is usually too late to prepare these documents.

What is the importance of health care laws?

When it comes to managing a loved one’s medical care, it’s important to understand that laws that regulate the health care industry are very strict about who can receive status updates, participate in conversations with doctors and nurses, and make medical decisions. These policies are meant to protect our sensitive health information, but they can also pose serious problems for family caregivers.

What is a medical POA?

Also known as a medical power of attorney (POA) or a health care proxy document, a medical POA is a legal document that enables a person (called the “principal”) to appoint a trusted relative or friend (called the “agent”) ...

What is HIPAA authorization?

HIPAA authorization is a simple yet important document for family caregivers. It authorizes the doctor to keep approved family members in the loop regarding a loved one’s medical status. This form only takes a moment to complete, and every doctor’s office should have blank ones on hand for patients.

What can an elder law attorney do?

An elder law attorney can discuss individual questions and concerns, prepare these legal documents, and recommend additional estate planning tools that may be useful for your family’s circumstances.

What does a living will mean?

A living will may indicate specific treatments a person does or does not want performed under certain circumstances. At the very least, the document should specify whether resuscitation should be attempted if breathing stops, whether artificial life support should be used and whether a feeding tube should be inserted.