The legal documents checklist for an aging parent
The best time to sort out legal papers is before anyone needs them. Once a parent can no longer make or sign decisions, getting the authority to help can take a court process.
Most aging parents should have a will, a durable power of attorney for finances, a health care power of attorney, and a living will (advance directive). A HIPAA authorization makes it easier for doctors to talk with family, and a POLST form turns treatment wishes into medical orders for people who are seriously ill. Most states offer free advance directive forms.
The core documents
The National Institute on Aging lists these as the key papers to prepare:
- Will: who receives your parent’s property, and who handles the estate.
- Durable power of attorney for finances: names someone to pay bills and manage money if your parent can’t.
- Health care power of attorney (health care proxy): names someone to make medical decisions if your parent can’t speak for themselves.
- Living will: your parent’s wishes about treatments like life support, written down in advance.
- Living trust (optional): some families use one to manage assets and avoid probate.
NIA notes that most states provide advance directive forms for free, and you can fill them out yourselves. CaringInfo, a program of the National Alliance for Care at Home, has free forms for every state.
Two more papers that help day to day
- HIPAA authorization: HIPAA already lets doctors share information with family members who are involved in a patient’s care, as long as the patient doesn’t object. A signed authorization naming you makes it easier to get information by phone, especially if you live far away. Patient portals usually need their own proxy-access form.
- POLST form: for people who are very sick or frail, a POLST turns treatment wishes into signed medical orders that emergency responders can follow. It’s completed with your parent’s clinician and doesn’t replace a health care power of attorney.
Do it while your parent can still sign
These documents only work if your parent signs them while they can understand and make decisions. If memory problems are starting, don’t wait. If you’re unsure whether your parent can still sign, talk to an elder law attorney.
After they’re signed
- Give copies to the people named, and to your parent’s doctors.
- Tell the family where the originals are kept.
- Review them at least once a year, and after a major life event such as a move, a diagnosis, or a death in the family.
This guide is general information, not legal, tax, or financial advice. Rules differ by state and change over time, so check the linked sources or talk to an elder law attorney or tax professional about your family’s situation.
Common questions
What legal documents does an elderly parent need?
Usually a will, a durable power of attorney for finances, a health care power of attorney, and a living will. A HIPAA authorization and, for people who are seriously ill, a POLST form are also useful.
Do I need a HIPAA release to talk to my parent’s doctor?
Not always. HIPAA lets doctors share information with family members involved in a patient’s care if the patient doesn’t object. A signed HIPAA authorization makes phone calls easier; patient portals usually need a separate proxy-access form.
Where can I get free advance directive forms?
Most states provide them for free. CaringInfo, a program of the National Alliance for Care at Home, offers free advance directive forms for every state.
Sources
- Getting Your Affairs in Order Checklist: Documents to Prepare for the Future, National Institute on Aging
- Advance Care Planning: Advance Directives for Health Care, National Institute on Aging
- Does HIPAA permit a doctor to discuss a patient’s health status with the patient’s family and friends?, U.S. Department of Health and Human Services
- About the POLST Form, National POLST
- Advance Directives by State, CaringInfo (National Alliance for Care at Home)