Elder Care Legal Documents Checklist
Essential legal documents and preparations needed for comprehensive elder care planning.
Important Legal Planning Notice
Elder care legal planning should be completed while the individual is mentally competent and able to make decisions. Consult with an elder law attorney to ensure all documents are properly prepared and executed according to your state's laws.
Essential Legal Documents
Critical
Must-have documents for elder care planning
Power of Attorney - Financial
- ☐ Durable power of attorney for financial matters
- ☐ Designate trusted agent/attorney-in-fact
- ☐ Specify powers and limitations
- ☐ Include banking and investment authority
- ☐ Consider immediate vs. springing power
- ☐ Name successor agents
Healthcare Power of Attorney
- ☐ Healthcare proxy/medical power of attorney
- ☐ Designate healthcare decision maker
- ☐ Include HIPAA authorization
- ☐ Specify medical treatment preferences
- ☐ Name alternate healthcare agents
- ☐ Discuss wishes with designated agents
Advanced Healthcare Directive
- ☐ Living will with treatment preferences
- ☐ End-of-life care instructions
- ☐ Do Not Resuscitate (DNR) orders if desired
- ☐ Artificial nutrition and hydration preferences
- ☐ Pain management and comfort care wishes
- ☐ Organ donation preferences
Last Will and Testament
- ☐ Updated will with current assets
- ☐ Named executor/personal representative
- ☐ Beneficiary designations
- ☐ Guardian designations if applicable
- ☐ Specific bequests and distributions
- ☐ Properly witnessed and notarized
Additional Important Documents
Recommended
Additional documents for comprehensive planning
Trust Documents
- ☐ Revocable living trust (if applicable)
- ☐ Trust funding documentation
- ☐ Successor trustee designations
- ☐ Special needs trust (if applicable)
- ☐ Trust administration instructions
Guardianship Documents
- ☐ Guardianship preferences document
- ☐ Nomination of guardian
- ☐ Instructions for potential guardians
- ☐ Guardianship avoidance planning
Financial Account Access
- ☐ Joint account designations
- ☐ Payable-on-death (POD) beneficiaries
- ☐ Transfer-on-death (TOD) designations
- ☐ Safe deposit box access authorization
- ☐ Digital asset access planning
Insurance and Benefits
- ☐ Life insurance beneficiary updates
- ☐ Long-term care insurance policies
- ☐ Medicare and supplement insurance
- ☐ Social Security benefit optimization
- ☐ Veterans benefits documentation
Document Organization & Maintenance
Keep your legal documents organized and up-to-date
Document Storage
- ☐ Secure fireproof safe for originals
- ☐ Copies with trusted family members
- ☐ Attorney's office copies
- ☐ Digital copies in secure cloud storage
- ☐ Hospital/healthcare provider copies of healthcare directives
- ☐ Financial institution copies of POA
Regular Updates
- ☐ Review documents annually
- ☐ Update after major life changes
- ☐ Verify agent/proxy availability
- ☐ Update beneficiary designations
- ☐ Review with elder law attorney every 3-5 years
- ☐ Ensure compliance with current state laws
Family Communication Checklist
Ensure family members are informed and prepared
Family Discussions
- ☐ Discuss care preferences and wishes
- ☐ Review financial situation and resources
- ☐ Explain roles and responsibilities
- ☐ Share document locations and access
- ☐ Discuss healthcare preferences
- ☐ Plan for emergency situations
Information Sharing
- ☐ Provide copies of important documents
- ☐ Share contact information for professionals
- ☐ Create emergency contact lists
- ☐ Document medical history and medications
- ☐ Share insurance and benefit information
- ☐ Provide access to financial accounts
Professional Resources
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Elder Law Attorney
Specializes in legal issues affecting older adults, including estate planning, Medicaid planning, and guardianship.
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Financial Planner
Helps with retirement planning, long-term care funding, and asset protection strategies.
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Geriatric Care Manager
Coordinates care services and helps navigate the healthcare system for older adults.