1.  Durable POA (Financial and Healthcare) – These documents are used to designate a person to make financial and healthcare decisions on the principal’s behalf in the case of an accident or health condition. Without these, the Probate courts will have to decide these things in a Guardianship proceeding.  

2. HIPAA Release – The Health Insurance Portability and Accountability Act is a federal law that protects patients’ privacy. This must be followed by medical professionals and restricts the process of them giving out personal information to the wrong people. A Universal HIPAA Release is a document that allows your loved one easy access to records if needed.

3. Living Will – This document sets forth one’s wishes regarding end-of-life care. This includes the desired medical treatments along with what goes into effect during situations where the person cannot make decisions due to illness or incompatibility. 

4. Will – This is a legal document that puts in place the wishes of a person after their passing. This is what distributes assets to loved ones after death. It can also include who they want to take care of their children after they pass. Without this document, the Probate courts could be left up to decide this. If that’s the case, they can make decisions that go against the wishes of your loved one. 

5. Trust – There are many types of Trusts. But in most situations, a basic living trust allows your loved ones access to your assets. This could include vehicles, Real Estate, and insurance policies. This is often the best way to avoid probate and quickly pass assets to named beneficiaries. This is a great way to avoid the hassles and expenses of probate court. 

     These are some vital documents in the estate planning process. Depending on what you need, more documents may be needed. Please reach out to your local elder law attorney top to discuss what is appropriate for your needs.