Careful planning is required once you agree to act as the legal caregiver of a family member or close friend. Always make sure the person making this request promptly provides you with copies of properly executed legal documents that will help you address their most critical needs on a timely basis.
Fortunately, your Houston estate planning attorney can help you decide which legal documents may be required by the person needing care. These documents can help you make such crucial decisions as where the person needing care may want to live — and choose the types of medical care they’re willing to receive from specific healthcare providers.
Depending on if you’re personally named in all the required documents, you may also need to handle burial needs – and make sure that all money and possessions are properly transferred to the correct beneficiaries once your loved one or ailing friend passes away.
Here’s a brief overview of the types of legal documents you’ll need the person you’ll be taking care of to obtain from a lawyer.
Key documents to consult while taking care of an ailing friend or family member
- Power of Attorney. While many older or ailing adults can still often make sound decisions for themselves – they may want you to stand ready to step in and handle key business transactions for them with various companies should they become too ill to manage these matters on a temporary basis;
- Durable Power of Attorney for Healthcare. This may also be called an Advance Directive for Healthcare and other similar terms. Its purpose is to clearly indicate the types of medical care the named party is open to receiving – and when certain types of life-extending treatments should be discontinued when the party named in the documents is suffering from a terminal or irreversible condition. The document also clearly provides authority for the person named as the Medical Power of Attorney to have full access to all medical records required while making decisions in coordination with doctors and other healthcare providers;
- A Living Will. This document is different than an Advance Directive because it states how the person needing medical treatment wants their medical care to be handled – as opposed to the Advance Directive which states how another person (the agent) should handle the ill person’s medical treatment needs when that person is unable to do so. This type of Will also often addresses whether life support procedures should be provided under specific circumstances;
- A Basic Will. This sets forth the name of the executor who’s been chosen to manage the ill person’s estate once they pass away — so the chosen beneficiaries will receive all the designated wealth and possessions. Hopefully, the person you’re helping will remember to ask their lawyer if they need to create one or more trust accounts so that all or part of the estate can be easily transferred without going through the probate process.
Be sure the person you’ll be taking care of informs their lawyer about any unusual or special circumstances that may need to be addressed in all the documents named above.
You may also want to obtain a document sometimes referred to as an Appointment of Agent to Control Disposition of Remains. This will allow the older or disabled person needing your care to state who will handle their remains once a funeral home has prepared them for burial (or placement in an urn). Many people today who’ve chosen to be cremated obtain this form, so they can state the location of a specific cemetery or columbarium where their remains will be interred.
Please feel free to have the person who’s asked you to act as caregiver to contact one of our Murray Lobb attorneys so we can help prepare all of these important legal documents. We are always available to respond to any questions you may have regarding any of these documents and the entire estate planning and probate process.