By Joanne Hoffer, M.B.A.

When caring for a loved one, some issues, such as those surrounding legal matters, may be difficult to confront and discuss. However, completing basic legal paperwork is important for everyone in your family, not just for your loved one.

Dealing with legal matters as soon as possible after a loved one is diagnosed with a medical condition, or preferably, before a medical issue arises, can save time, confusion, and hassle.

Many legal documents may not necessarily require a lawyer--it depends on the state you live in and how complicated your situation is.

Online Software

The following computer-based products may help you create basic legal forms:

• Quicken’s  WillMaker is a top rated CD-ROM that provides basic legal forms such as wills, living wills, and power of attorney.
  
• Suze Orman also has a software kit that will help you create basic legal documents.
  
• Legal Zoom offers template documents online, which are then reviewed by a lawyer after you fill them out.

Finding an Elder Law Lawyer

Elder Law Lawyers are attorneys that specialize in providing legal counsel and documentation for the elderly. The National Academy of Elder Law Attorneys
is a good place to learn more about how to find an eder law attorney. You may also ask your friends, family, neighbors, or members of the clergy for their recommendations.

Key Legal Documents

Some of the key legal documents to consider are as follows:

Living Will

Should you be unable to make your own decisions regarding your care, this document lets your family and doctor know your wishes.  Often, physician offices or hospitals have a living will document you can fill out. Be sure to discuss your living will with your family. As long as you are mentally competent, your living will can be changed at any time. If you do change it, be sure your doctor’s office has the most recent one on file.

Medical Power of Attorney

Also known as a “Health Care Power of Attorney,” this document allows someone to make medical decisions on your behalf if you are unable to do so. In this document, you may also discuss the type of care you would like to receive in the event that you become sick or disabled. You may also specify your wishes regarding life-sustaining measures. 

Durable Power of Attorney

Should you become physically or mentally incapacitated, this document enables someone you choose to act on your behalf. You can specify when and how you would like a “power of attorney” to go into effect. You can designate different people to handle different areas. For example, you may assign your spouse power of attorney over your financial affairs, and assign an adult child power of attorney over your taxes.

Guardianship

According to the American Bar Association, “Guardianship is a legal relationship established following a court hearing, when a guardian is appointed by a judge to make decisions for another who lacks capacity. The authority granted to a guardian may cover virtually all aspects of the ward's life, or it may pertain only to certain aspects. The guardian owes the incapacitated person a special duty of care and accountability.”

When a caregiver assumes guardianship over a loved one, the caregiver has full rights and control over all decisions pertaining to his or her loved one. Guardianship is often seen as a “last resort,” when a loved one is unable to make decisions on his or her own, or, has a terminal disease affecting cognition or mental capacity.

A Will

In your will, you name someone to be in charge (called an executor) and specify what should be done with your possessions (your estate) in the event of your death.  If you have children under the age of 18, a will is especially important to have, because it allows you to choose a guardian for your children. In general, having a will significantly minimizes legal processes upon death.

Once you have completed these forms, be sure to give copies to trusted family members, health care professionals, your attorney, and place one copy in a safety deposit box or other safe location. 

The information provided should not be construed as legal advice. Please consult a lawyer regarding any questions you might have.