I was reading through an incredible book the other day, called “And Thou Shalt Honor: The Caregiver’s Companion” (everyone should read this book), and found a great legal checklist for caregivers. As you think through some of the suggestions I’ve provided on this blog and prepare to talk to your parent(s) about various legal documents, the following list would be a great tool for all adult children who are caregiving for aging parents to keep by their sides:
- Prepare an inventory of all assets, including real estate, bank accounts, stocks and bonds, pension and retirement benefits, and family heirlooms.
- Help decide who should receive each and every asset.
- If your loved one has a will, review it together to make sure it reflects the person’s wishes. If it doesn’t, suggest she draft a new one.
- Determine whether your loved could reduce the time and expense of probate by creating living trusts and other financial instruments.
- Confirm that the designated beneficiaries of life insurance policies, 401(k) plans, IRAs, and other accounts are consistent with your loved one’s wishes. If not, have her update the names.
- Help select someone trustworthy and reliable as executor of the estate.
- Find out whether your loved one has prepared a durable power of attorney for finances and a durable power of attorney for health care. If she hasn’t, encourage her to do so.
- Inform the prospective executor of the estate, as well as the agents for the durable powers of attorney, that they’ve been chosen for these roles. Ask whether they’re able to accept the responsibilities.
- Discuss your loved one’s wishes for end-of-life care, then help create a living will.
- Make sure that all legal documents conform to the laws of your loved one’s state, and that they’re signed and dated.
- Advise your loved one to store all her legal documents in one place that the two of you can access.
- Keep a signed copy of every legal document for yourself and your loved one’s attorney.
- Provide a copy of the will to the executor and copies of the durable powers of attorney to the designated agents.
- Send copies of the durable power of attorney for health care and living will to your loved one’s primary care physician and other medical personnel involved in her care, whether at home, in a hospital, or in a residential care facility.
- Ask your loved one to write down her preferences for funeral, burial/cremation, and memorial arrangements in as much detail as possible.
- Check to be sure your loved one has drawn up a letter of instruction to address any issues not covered by other legal documents.
I’ve touched on several of these items already, and look forward to expanding on the others in future blogs. If there are specific items in here that I’ve not covered or you’d like to know more about, please let me know.

George Slater


Posted by: Cindy Dashnaw on Sunday, January 6, 2008
My widowed mother seems to think that once she gets a power of attorney, whoever holds it can "take over" whenever they want to. What can I say to assure her this can't legally happen?