Legal checklist for family caregivers

As a caregiver, you’re likely juggling countless duties, from driving to medical appointments to providing emotional support. Amid all the to-dos, it’s easy for one crucial undertaking to

get pushed to the back burner: ensuring that your loved one’s legal arrangements are in order. Following this checklist can help protect your aging parents’ legal rights — and your own. 1.

FAMILIARIZE YOURSELF WITH ESSENTIAL LEGAL DOCUMENTS To help your loved one as they age or in case of illness, you’ll need permission to act on their behalf both financially and medically.

Without this paperwork, the process of caring for someone can become more complex, says Brenna Galvin, an elder law attorney at Maser, Amundson & Boggio P.A., who is on the board of

directors for the National Academy of Elder Law Attorneys. Here are the documents experts recommend you set up. FINANCIAL POWER OF ATTORNEY. A durable POA allows you to easily step in and

manage someone’s finances when they can no longer do it themselves, says Elliott Appel, a financial adviser and the founder of Kindness Financial Planning, who specializes in assisting

caregivers.  The specifics on what you can do depend on what is spelled out in the durable POA, but it can cover areas that range from managing everyday finances to submitting insurance

claims on behalf of your loved one. SPRINGING VERSUS DURABLE POA. Appel adds that it’s critical to understand the difference between a durable POA and a springing durable POA. A springing

one only takes effect under certain conditions, such as when a person is deemed incapacitated by a physician, while a durable power of attorney is effective immediately upon signing. He

typically advises against a springing version, saying, “If something happens, you want to be able to act quickly.” HEALTH CARE POWER OF ATTORNEY. Also known as a health care surrogate, it

gives you or the agent of your loved one’s choosing the authority to make health care decisions on their behalf. For instance, if your loved one is unable to speak or doesn’t have the mental

capacity to make decisions on their own, the designated person can step in to talk with doctors and review medical records on their behalf, says Galvin. LIVING WILL. Like a health care POA,

this is part of an advanced directive (AARP has forms for each state), spelling out your loved one’s wishes for emergency care if they are unable to communicate those desires themselves —

for example, whether and when life-sustaining treatment should be stopped. WILL. If your loved one doesn’t have a will in place, it’s advisable to create one. If they have an existing will,

it is worth reviewing it every few years or “during major life changes to ensure it accurately reflects their wishes,” Appel says. 2. CONSIDER HOW TO PROTECT YOUR LOVED ONE’S FINANCES In

addition to legal documents, there are some financial tasks you’ll want to address. CONNECT TO FINANCIAL ACCOUNTS. Access to a loved one’s financial accounts can vary depending on the powers

granted by the POA, applicable state laws and the financial institutions’ policies. Contact each institutions’ customer service center or visit a physical location to determine your level

of access as a POA. Often, a financial institution will give POAs separate login credentials. SIGN UP FOR EMAIL AND TEXT NOTIFICATIONS about your loved one’s banking and investment

transactions, such as large withdrawals, so you can quickly investigate any unusual activity.