Which legal papers should my parent have before a crisis?

Papers about health care

An advance directive writes down your parent's wishes about medical care, in case they can't decide later.

A health care power of attorney (also called a health care proxy) names someone to make health decisions if your parent can't.

A living will says which treatments they want if their life is at risk, such as breathing machines, tube feeding or dialysis.

Papers about money and property

A durable power of attorney for money names someone to handle your parent's money and property. Durable means it keeps working if your parent can no longer decide. A trustee runs a trust, such as a living trust. A court can name a guardian or conservator, often when no other papers are in place.

Social Security can pick someone to handle a person's benefit checks. So can Veterans Affairs (VA). That person is called a payee or a fiduciary.

Talking to Medicare for your parent

For Medicare to talk with you about your parent when they aren't on the call, it needs their OK in writing. The form is CMS-10106. Read how do I help my parent compare Medicare drug plans? for how to send it. It does not let you make decisions for them.

Where to get forms and help

Ask your parent's doctor or a lawyer about advance directive forms. Your state health department may have them too. For local legal help, call the Eldercare Locator at 1-800-677-1116.

Keep copies where the family can find them, and tell the people named in each paper where it is.

Checklist

• Advance directive, with a living will.
• Health care power of attorney (health care proxy).
• Durable power of attorney for finances.
• A will, and a trust if your parent has one.
• Medicare's permission form (CMS-10106) if you'll call Medicare for them.
• A list of where each paper is kept and who has copies.

Common questions