Estate Planning Documents to Secure Before a Crisis

Estate Planning Documents to Secure Before a Crisis- If a medical crisis strikes a family member and they haven’t done any estate planning, their spouse or other loved ones will have to go through lengthy and expensive court proceedings to obtain the right to make medical decisions or pay bills. If someone dies without a will, the consequences can be even more time-consuming and expensive. The solution: consult with an estate planning attorney to have a plan in place. This advice comes from the article “Important Documents You Need in a Crisis” from FingerLakes1.

1. Power of Attorney Documents. A POA allows you to name one or more people to make decisions for you. What most people don’t know is that the POA can be broad or narrow. For instance, it can allow someone to handle all legal and financial matters except for the sale of your home. Talk with an estate planning attorney about what makes sense for you. If the form is not prepared correctly, your agent (the person named in your POA) might not be able to act on your behalf in case of incapacity. The POA may seem simple, but things can go wrong if an experienced estate planning attorney does not prepare it.
2. Living Will/Advance Directive. This document expresses your wishes for treatments, so doctors know what treatments you do and don’t want. Suppose you don’t want to have a breathing tube (intubation), life support from an artificial heart and/or lung machine, blood transfusions, nasal nutrition (feeding tube), or other procedures used to keep you alive. In that case, you’ll need to have your wishes made clear through a legal document.
3. DNR (Do Not Resuscitate) Order. People with chronic conditions or a terminal illness sometimes choose not to receive CPR if their breathing stops or they have a cardiac event. In most states, this order is signed by your treating physician. If you are living at home and have an emergency, the first responders will need to see it to follow the directions. If they cannot find it or someone else has it, by law, they are required to perform CPR. If you have a DNR, make sure to tell your spouse or caregiver that you have the form and where it is located.
4. Emergency Info Sheet. If you are in a health emergency, even the calmest spouse or caregiver is also likely to be upset and not thinking straight. To prevent delays in treatment, it is advisable to have an information sheet with all the necessary details: your name, prescription medications, allergies, health conditions and emergency contacts.
5. POA for Medical Care and HIPAA Authorization Form. Without these two forms, even your spouse won’t be allowed to talk to your doctors or review your medical records. Without them, your family will need to go to court to obtain a guardianship. Having this document prepared is far easier, less expensive, and less stressful.
6. Last Will and Testament: Your will is the document needed to distribute assets after you have died, assign an executor to take care of your estate and name a guardian if your children are minors. Without an estate plan that includes a last will, the court will make all decisions regarding your property. This includes deciding who will raise your children. Instead of a trusted loved one, the court will assign an administrator to manage your property.

These estate planning documents will determine your healthcare and property management while you are living and ensure the care of your assets and family after you have passed. Having an experienced estate planning attorney prepare these and other documents will give you the peace of mind of knowing your wishes will be known and your family will be protected.

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Estate Planning Documents to Secure Before a Crisis

Reference: FingerLakes1 (Aug. 21, 2025) “Important Documents You Need in a Crisis”