Planning Tips for Aging Parents of the Sandwich Generation, Continued

For adult children raising kids of their own, assuming the role of caregiver for one’s parents can be extraordinarily difficult without the help of proper legal documents. We have discussed the importance of “The Talk.” The information gleaned from this discussion provides a foundation for the creation of effective legal documents that express and protect your parents’ wishes. These include a Will, a Power of Attorney, a Living Will/Healthcare Proxy, and a HIPAA Medical Release.

Legal Documents

Will directs how a person’s estate is to be administered and how his or her assets will be distributed after death. The person who creates the Will is called the Testator while the individual who settles the estate is known as the Executor. Naming the Executor and specifying “who gets what” in advance can help eliminate family infighting.

Power of Attorney allows an individual to name someone (the Agent) to act on his or her behalf in the event of incapacity. The Agent can make decisions regarding the property as well as legal, financial, and personal matters.

Living Will details a person’s wishes concerning his or her medical care, including artificial life support, surgery, or other medical treatments related to an end-of-life situation or permanent unconsciousness. A Healthcare Proxy names a trusted person to make medical decisions on behalf of an individual who has become incapacitated.

HIPAA Medical Release allows people to specify who has access to their medical information. Without a HIPAA Release, family members may be denied access to medical and insurance records in an emergency.

Effective estate planning can include many other strategies and tools to accomplish a wide range of goals, but the above documents are absolutely essential to carrying out your parents’ wishes and fostering harmony among extended family members. Contact us today to start the process of protecting your parent’s wishes.

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Estate Planning

Alexander S. Keenan, Esq.
Alexander S. Keenan, Esq.
Hi, I'm Alex. I consider myself an approachable attorney. I have called the beautiful Hudson Valley home for most of my life. After focusing on things like international commercial law and litigation, I took a step back and pivoted towards helping my community plan for life's greatest moments. My firm specializes in estate planning, small business law, and real estate law.