These are short definitions from the National Institute on Aging and HHS. They aren't legal advice. Laws differ by state, so talk to an elder-law or estate attorney about your parent's situation.
For money decisions
- Durable power of attorney for finances: names someone who will make financial decisions for your parent when they're unable to. (NIA: Getting your affairs in order)
- Living trust: names a person, called the trustee, to hold and distribute property and funds when your parent can no longer manage their affairs. (same NIA page)
- Will: says how property, money and other assets are handled after death. Without one, state law decides. (same NIA page)
For health decisions
- Health care power of attorney: names a health care proxy (also called an agent, representative or surrogate) who makes decisions if your parent can't. (NIA: Advance directives)
- Living will: tells doctors how your parent wants to be treated if they can't make decisions about emergency treatment. (same NIA page)
- NIA says most states provide advance directive forms for free, and a lawyer isn't required to create advance directives. (NIA: Getting your affairs in order)
- NIA suggests giving copies to the health care proxy, doctors and lawyer. (NIA: Advance directives)
Talking to your parent's doctors
- The HIPAA Privacy Rule doesn't require a provider to share information with family or friends unless they're the patient's personal representative. In some situations, providers may share information with family who are involved in care. (HHS: HIPAA for family members)
- Giving a doctor permission to talk with you is different from naming you as health care proxy. Your parent may need to sign a form. (NIA: Getting your affairs in order)
If you've been named
The CFPB has free guides for people named in a power of attorney, court-appointed guardians and trustees. (CFPB: Managing someone else's money)
