Legal Essentials for Caregivers

How to Care for the People Who Need You Most

LegaL essentiaLs for Caregivers2

table of contents

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 3

Wills & estate Planning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .page 4

Will . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 5

Power of attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 7

advance Healthcare Directive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 9

trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 11

conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 14

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about Rocket laWyeR

At Rocket Lawyer, we’re making legal work easier and more convenient for everyone.

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Visit www.rocketlawyer.com

Rocket Lawyer eGuide DisclaimerThis eGuide is offered for informational and educational purposes only and should not be construed as legal advice. The law differs in each legal jurisdiction and may be interpreted or applied differently based on your specific factual situation. Use of the information in this eGuide is not a substitute for the advice of licensed legal counsel in your state and you should not act or rely on any information contained in this eGuide without first seeking advice from your own attorney.

Caring for a loved one is a selfless gift, and it requires plenty of patience and organization. If you’ve allowed yourself some time to think about the future, you may have considered some of the big what-ifs. It’s also important to plan for the prospect that something could happen to you during this caregiving period. Rest assured, there are legal steps you can take to cover these bases and set up provisions for any scenario that might affect you or the loved one you are caring for.

No matter the size of your estate or that of the person you’re caring for, a little estate planning will ensure that both of you are covered—in addition to your heirs—with a minimum of red tape and legal expense.

In this guide, we’ll take you step by step through the entire estate-planning process—from nuts-and-bolts topics like Wills and Powers of Attorney, to more detailed matters like Advance Healthcare Directives and Trusts. We’re here to help you get an estate plan in place that’s not only legally sound, but makes everyone’s wishes known and protects everyone’s heirs, so you can carry on with your caregiver responsibilities with peace of mind.

legal essentIals foR caRegIveRs

How to Care for the People Who Need You Most

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For many people, a Last Will and Testament is something to put together at some later stage in life. On the contrary, a Will can support and protect your spouse and heirs in the same way that a savings account, IRA or life insurance policy can.

When you pass away without a Will and estate plan in place, the courts are required by law to make important decisions, including how your assets are divided and who owns your house. While the courts may make decisions you agree with, it doesn’t always go that way. An estate without a Will or detailed plan can mean unnecessary legal expenses, court fees and red tape for those you leave behind.

As a caregiver, you’ll want to wear two hats as you read through this eGuide: one for you and one for the individual you’re caring for, who will also need an estate plan in place to make sure that the steps you take are in line with their wishes. If the individual you’re caring for dies without a Will or estate plan, you could very well incur expenses and other issues while you are in the grieving process.

Keep in mind that the person you care for must be mentally competent in order to set up an estate plan—including a Will, Power of Attorney, or Living Will (or any other legal document). If your loved one doesn’t have these documents in place already, and if they are unable to make decisions for themself, you’ll want to speak to an estate planning attorney for customized guidance.

gettIng staRteD

A Will can be as unique as the person who makes it. But there are some things common to all Wills. Let’s start by going over a few of the fundamentals about your current situation, finances and family.

In this section we’ll walk you through the basics of estate planning and how to anticipate any unexpected turns in the road. A solid estate plan may include a:

• Last Will and Testament• Power of Attorney• Advance Healthcare Directive• TrustBelow we’ll go into a little more detail on what these estate planning cornerstones do, what you need to know about them, and how to make them legally binding.

Wills & Estate Planning

estate PlannIng can HelP you:

•Take charge of exactly where your assets go after your death, whether it’s to your children, spouse, relatives, a favorite charity or all of those combined

•Designate a guardian for your children or the loved one you’re caring for, should something happen to you

•Make arrangements for what happens to you if you become incapacitated

•Appoint people to make decisions on your behalf if the need arises

•Explain how you’d like difficult healthcare decisions to be handled on your behalf or for the person you’re caring for

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Put plainly, a Will is a legal document that states who gets your money and property after your death. In larger terms, it’s a true cornerstone of any estate plan and works for individuals at any stage in life.

WHat you’ll neeD to DecIDe

Every Will is different, but there are some fundamental things you’ll need to establish having to do with your current situation, finances and family. If you’re also putting together a Will for a sick loved one, you’ll want to follow these steps on their behalf as well.

Step 1: Property

To begin, take an inventory of your money, homes, land and other possessions. Try to be as thorough as possible to make sure you haven’t missed anything. If you have stocks, mutual funds, retirement plans, valuable works of art or even digital assets like MP3s, make a list of these before you continue. Getting this organized from the beginning will make it easier to decide who gets what, especially if you have multiple heirs.

Step 2: Beneficiaries

Next you’ll want to choose and designate the beneficiaries of your estate. Typically your beneficiaries are your spouse, children, relatives, close friends or organizations that you want to receive all or some of your possessions. For many individuals it’s common practice (and sometimes the law, depending on where you live) to designate your spouse as a beneficiary. Within your Will, it’s also possible to do that while setting up provisions for children or anyone in your care should something also happen to your spouse.

Step 3: Executor

Once you’ve decided on your beneficiaries and who will get what, you’ll need to choose a person to carry out your plans. In legal terms, this person is known as the executor of your estate—he or she is basically your Will’s representative. This may be a more difficult decision than choosing your beneficiaries. Ideally, you’ll want to choose an executor who is organized, good with numbers and familiar with your family, finances and the person you’re caring for. Your executor will:

• Gather your assets

• Pay your bills and outstanding debt

• Distribute your remaining assets

• File any official paperwork

• Make sure specific directions are followed for the care of your dependent loved ones

Will

WHat It Does

A Will communicates to your family and the courts your exact wishes concerning your property after death. This document, when drafted and signed in legal fashion during your lifetime, allows you to designate heirs and make plans to distribute property. A Will allows you to:

•Decide who gets your property

•Specify how your property is divided among your heirs

•Designate a guardian for your children if they are minors

•Lay out directions for treatment of a sick loved one in your care

For many people, a Simple Will does the trick. If your estate is particularly extensive or complicated, or if the person you’re caring for has specific, detailed needs, you might want to consider getting legal assistance to make sure everything is sorted out properly.

Otherwise, you can get started now with our Simple Will document.

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Some states have certain requirements for your executor. For example you might not be able to designate someone out of state. Also, if you’re concerned about checks and balances, you can always appoint two executors to make sure everything gets carried out according to plan. Either way, it’s a good idea to appoint a backup executor just in case your first choice can’t serve for one reason or another. Remember that you can always check with your county clerk of probate court or an estate planning attorney if you have any questions about the laws where you live.

Step 4: Guardians

As a caregiver, you’ll want to make sure your loved one in need and your minor children have a trusted caretaker to step in, just in case you and your spouse pass away. You’ll want to think this through carefully, considering not only who would take best care of them, but also thinking about where they would be most comfortable. Whoever you settle on as a guardian, make sure you’ve talked it over with them first. They need to understand and be willing to take on this big responsibility if and when the time comes.

HoW to Make It legal

Once you’ve gathered the details, made the big decisions and put your wishes in writing, you’ll want to take the necessary steps to make your Will a legally sound document. These steps ensure that the document does what it needs to do and makes the process as easy as possible on your loved ones and heirs. If you’ve already followed the steps in our Last Will document, print your document and follow the instructions to finalize it. If you haven’t started yet, here’s a preview of what’s involved:

Step 1: Signing & Witnessing

After you’re satisfied with your Will and you’re ready to finalize it, you’ll need to sign and date it in front of a witness. Some states require two or more witnesses, so check with your county clerk or an estate lawyer for specifics, or follow the directions in our step-by-step Last Will document. Local laws will also dictate whether you need to sign your Will before a notary public, who can then notarize the document.

Step 2: Making Copies & Storing

Your Will can only be helpful to the people you leave behind if they can find it after your death. To make sure that it’s easily accessible, give copies to close family members, your attorney or someone you trust. You can also share your Will electronically (like through Rocket Lawyer), but know that most states still require the original paper copy to be presented during the probate process. That means you need to keep the original somewhere secure, like a safe deposit box or with your lawyer, and tell key people where it is. Also be sure to follow these steps if you’re in charge of the Will for the person you’re caring for.

Step 3: The Codicil

As the years go by, you’ll encounter some of life’s big changes—including having more children or grandchildren, divorcing or acquiring more assets—that could require a change in your Will. A codicil document allows you to change one or more provisions in your Will without having to rewrite the original. You can access a Codicil to Will form here.

Your Will is just one component of your estate plan, but it’s an important one. Setting aside the time to craft an airtight Will ensures that what’s yours is easily transferred to your family, and that the people who depend on you have a trustworthy person to take care of them should anything happen to you.

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What happens if you become unable to make major decisions for yourself or the person you’re caring for? And what happens if the person in your care becomes mentally incapacitated? Will you have the authority to handle their affairs? This is where a Power of Attorney, another critical estate planning cornerstone, can help.

Like a Will, a Power of Attorney can save your family legal expenses, court fees and other hassles. In most states, if you become incapacitated without a designated Power of Attorney, the courts are required to step in and make these decisions for you, a process that can be both lengthy and costly. The same goes for the person you’re caring for. If your loved one has not designated a Power of Attorney, you might experience some delays in gaining permission to make important decisions for their finances and health. If at any time you’d like to begin this process, you can find a Power of Attorney document here.

WHat you’ll neeD to DecIDe

Who your Power of Attorney agents are, and what they can and can’t make decisions about, is largely up to you. With that in mind, here are a few things to think about as you complete this part of your estate plan.

Step 1: Agent

The first step—and for many the most significant—is choosing your agent for Power of Attorney. This is the individual (or individuals, as you may decide) whom you elect to make major decisions on your behalf when and if you’re unable to make them. Just as when you chose an executor for your Will, you’ll want to choose someone who can handle the responsibility. Above all, you’ll need to think about:

• Choosing someone you trust with your finances. You might want to settle on someone who handles their own affairs pretty well.

• Choosing someone you trust with your sick or incapacitated loved one.• Whether or not the individual will charge a fee for services, such as if

the individual is an attorney as opposed to a family member.• Whether or not the individual agrees to be your agent in such

circumstancesIt’s a good idea to appoint a backup Power of Attorney agent in case your first choice passes away or decides not to assume the responsibility when the need arises.

Step 2: Powers

The powers of your appointed agent can be broad or specific, depending on what you decide. For example, you might designate your agent to handle only medical issues if you become incapacitated; or you might grant one agent the ability to make financial decisions and another the

Power of Attorney

WHat It Does

A Power of Attorney is a document that designates a specific person (an agent) to handle your finances and make decisions if you’re unable to due to a health issue, an injury, or a trip abroad, or for any other reason. There are several types of Power of Attorney (we’ll explain in a little more detail below) but in general your designated agent can do these things on your behalf:

•Write & sign checks

•Make household decisions

•Sign legal documents

•Make healthcare decisions

•Run your business

•Call the shots on whatever you designate

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ability to make caregiver decisions. You can do what works for your situation. But to make it easier to manage, the law specifies several categories of Power of Attorney we’ll go into detail below.

General Power of Attorney: This grants broad powers to your agent, allowing them to make key decisions about your finances, health, business, the loved ones you care for or any other matter that would need your permission.

Special Power of Attorney: This option allows you to grant specific powers to specific agents. For example, you could allow your spouse to make medical decisions on your behalf, your business partner to sign off for you on business matters, your financial advisor to make the call on your money and assets, a doctor to make decisions about the person you care for and so on. Special Power of Attorney gives you the flexibility to tap into the skills of different agents. Also, if you don’t want one individual to have too much decision-making power, this option might give you a little peace of mind in your estate planning.

Durable Power of Attorney: A status that can be applied to both General and Special Power of Attorney, Durable Power of Attorney (also called Enduring Power of Attorney) is the legal term that makes Power of Attorney powers active even if you become incapacitated. In comparison, a non-durable Power of Attorney becomes is no longer valid if you become incapacitated. A Durable Power of Attorney is often adopted by individuals who wish other family members to make ongoing decisions on their behalf.

Springing Power of Attorney: Often used by members of the military, a Springing Power of Attorney can be useful if you travel frequently on short notice. This is a type of Durable POA that goes into effect automatically in certain situations, like when you take an extended trip overseas. Springing Power of Attorney grants your agent powers only when these specific situations occur.

Step 3: Execution

The type of Power of Attorney you select will often stipulate when these powers go into effect. For example, your Springing POA might grant your brother decision-making powers when you go overseas. Or your Durable POA could allow your daughter, a doctor, the power to make decisions for you and the loved ones you care for.

Each state has a process for when an individual is declared mentally incompetent. In your Power of Attorney, you may also spell out your wishes for how a decision on mental incompetence would be made, such as with a written certifcation from the doctor you have a relationship with. If you do not spell out your wishes clearly in your Power of Attorney document, you could lose precious time while a legal determination is made by the courts.

If you need a little assistance with how this is all spelled out in your Power of Attorney, you might want to speak with an attorney who specializes in estate matters.

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After you’ve established a Power of Attorney agent to make decisions for you when you are unable to, it’s a smart next step to lay out a plan for what happens if you or the person you care for contracts a terminal illness of has an accident that requires life support. We can walk you through how to prepare for such a situation to minimize the suffering and expenses for your loved ones.

WHat you’ll neeD to DecIDe

Estate planners advise that you create an Advance Healthcare Directive, also known as a Living Will. This document should be as specific as possible, taking into account not only aspects of medical care and treatments but also more detailed and personal information concerning your goals for treatment and care. This is your opportunity to take control of these decisions in a legal form so that your loved ones or a medical professional don’t have to make the difficult decisions for you. Common situations could include comas, vegetative states, or dementia accompanying disorders like Alzheimer’s disease.

Step 1: Choose an Agent

As with Power of Attorney, you’ll want to choose an individual to serve as your Living Will’s representative. The difference, however, is that this agent’s duties will be to ensure that the directives in your Living Will are carried out, rather than making the decision for you like a Power of Attorney.

When selecting this agent—sometimes called a health care proxy or patient advocate—be sure to settle on someone who is:

• Willing to serve in this capacity

• Willing to separate his or her own feelings from those spelled out in the Living Will

• Not already—or not expected to be—providing you with medical care

Step 2: The Directive

Here you’ll need to draft your feelings about medical treatment and care should you become terminally ill and unable to communicate. If you find it difficult to think through this topic, you might consider consulting your physician to get a better sense of how doctors and hospitals handle life-support situations and different scenarios. A few things to take note of are:

Treatments: How would you like to be treated if an accident or illness made you unable to communicate? Make it clear whether you want, or don’t want, particular efforts made to sustain the situation.

Advance Healthcare Directive

WHat It Does

While a Will is used to express where you’d like your assets and property to go after you pass away, a Living Will or Advance Healthcare Directive is a separate document that lays out your wishes about life support should you enter into a coma or vegetative state and become unable to communicate for any reason.

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Pain Management: Describe what types of medication or pain management you would like to receive in this situation.

Personal Grooming & Bathing: In your Living Will, you might also specify how you’d like your grooming to be handled during your incapacitation. If you wish to have certain personal effects nearby, you can also put that down in writing.

Spiritual & Emotional Support: Either before or after being taken off life support, you could wish to have certain loved ones or spiritual support in attendance.

Autopsy & Organ Donation: If you wish to grant your health care agent the decision to request an autopsy, you can make that clear in your Living Will. Note that an autopsy isn’t standard procedure, except in the case of a suspicious death. You can also lay out your wishes on organ donation.

Funeral Plans: In your Advance Healthcare Directive, you may also specify how you’d like your remains to be handled.

HoW to Make It legal

Once you’ve put together your Advance Healthcare Directive, the steps to make it official are similar to what you did with your Will and Power of Attorney.

Step 1: Sign & Notarize

If you’ve assembled your Advance Healthcare Directive or Living Will using Rocket Lawyer, simply print out the document and sign it in the presence of two or more witnesses and a notary public. You do not need a lawyer or physician present for the signing, but if you’re unsure about anything having to do with the content or validity of your Living Will, the safe bet is to check with an attorney. If you’re putting together this directive for the loved one you care for, you also might want to seek a little professional advice on how to properly gather their notarized signature.

Step 2: Copy & Distribute

Your Living Will won’t be helpful if no one can find it in a time of need, so be sure to make several copies and distribute them to your close family members, physician, local hospital and attorney if you wish. In addition, keep a copy handy in your home safe or safe deposit box.

Step 3: Ongoing Review

It’s wise to examine your Living Will every so often to make sure everything is up to date. Several reasons for this include:

• A change in your feelings about treatment and care• Updates in medical technology• Changes in healthcare laws• A move to a new state• Changes in your ability to pay for medical care• Changes in the health or status of the person

you care for

Most/Post DocuMents

You might also consider meeting with your physician to craft Medical Orders for Scope of Treatment (MOST) and Physician Orders for Scope of Treatment (POST) forms to serve as attachments to your Advance Healthcare Directive. These one-page documents, normally filled out by individuals who are diagnosed with terminal illnesses, are commonly recognized by doctors and serve as guidelines for end-of-life treatment. There are different guidelines for MOST/POST directives depending on where you live, so be sure to check with your doctor or hospital prior to filling one out.

If you’re ready to draft your Advance Healthcare Directive, you can access a Living Will document here.

lIvIng WIlls & HealtHcaRe PoWeR of attoRney

As you assemble your estate planning documents, you might wonder if a Living Will is relevant if you already have a Healthcare Power of Attorney. Both documents allow you to select an agent to make healthcare decisions on your behalf when you’re unable, but the difference lies in the fact that a Living Will is for impending death-related issues only. A Healthcare Power of Attorney may also include deathbed provisions, but it implies that you’ll become the decision-maker when you’re able to make choices for yourself again. It’s recommended to have both documents at the ready, so you know that you’re covered.

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Many people believe that Trusts are only for the wealthy. In fact, Trusts are a valuable tool to consider for anyone putting together a well-rounded estate plan. Depending on the situation of the individual in your care, you might also consider creating a Trust for them to ensure their property is handled as they wish.

Like a Will, a Trust allows you to specify where your assets will go after your death. Because Trusts do not have to go through probate court (which is a legal process that occurs after a person dies in order to validate their Will), a Trust may allow your heirs to bypass probate and receive your distributed property sooner. And unlike a Will that goes through probate, it won’t be a matter of public record.

WHo’s InvolveD

Grantor: The person who sets up the Trust. The grantor is the person who assigns their assets to the Trust: typically you, or you and your spouse.

Trustee: The person or entity who manages the Trust. During your lifetime, the trustee can be you. The trustee can also be any person you Trust, a lawyer, or a financial institution. Once the Trust is established, the trustee manages the assets with the ultimate goal of distributing the property to the beneficiaries. The trustee has a duty to follow the rules you set when you create the Trust, and to act in the beneficiaries’ best interest.

You might want to consider consulting an attorney or financial advisor when it comes to deciding on a trustee. Depending on the terms of the Trust, the trustee could need to serve for a long time, so some prefer to name a financial institution. On the flip side, financial institutions can be expensive and inflexible to work with, so many prefer to name a lawyer or a responsible family member.

Beneficiary: The individual(s) who eventually receive the assets from the Trust. During your lifetime, you’re the beneficiary. After you pass, the people you’ve named benefit from the Trust.

WHat you’ll neeD to Do

Step 1: Decide on a Type of Trust

There are two common types of Trusts which allow your assets to bypass probate. The one you choose will depend on the extent to which you want to maintain control of your assets during your lifetime, whether or not you’re willing to exchange control of your assets for additional tax savings, and your desire to shelter the assets from your creditors.

You’ll select between:

Revocable Trusts: When you create a Trust, you technically give up

Trust

WHo It’s foR

You or the loved one you care for might consider a Trust if:

•You have children from different marriages

•You have assets to pass along that might be subject to gift taxes

•You want to designate a particular person to manage your estate if you become unable to

•You’d like your heirs to avoid probate

•Your estate is particularly complex

That being said, Trusts don’t work for everyone’s needs. In addition, they can be more expensive and complicated to assemble. Checking with an attorney if you’re unsure is always a good idea.

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ownership of your assets. This type of Trust can be revoked at any time during the grantor’s lifetime, meaning you can regain ownership. Because of this flexibility, the assets do not receive special tax protection and are not sheltered from creditors during the grantor’s lifetime, or after their death.

Irrevocable Trusts: When a grantor transfers their assets into this kind of Trust, it’s permanent, and therefore, irrevocable. Because the assets are no longer the grantor’s, they’re protected from certain taxes and creditors. The assets are not subject to the grantor’s liabilities, because they are owned and controlled by the Trust, not the grantor.

It is technically possible to appoint the grantor as the Trustee, but it means that the grantor still has control of the assets, and that some of this liability protection is lost. Appointing an independent Trustee provides the most protection for assets, because the grantor gives up control.

While this type of Trust isn’t for everyone, transferring your assets into an irrevocable Trust doesn’t mean they won’t continue to benefit you. Remember that trustees are under many legal obligations when managing assets in a Trust, so while you’re technically giving up ownership, the trustee is legally responsible for making decisions in the best interest of the Trust’s beneficiaries—which include you.

Specialized Trusts: Once you decide whether you want a Revocable or Irrevocable Trust, you may want to customize it for certain family situations and needs. For example, a Special Needs Trust allows you to provide for a disabled or mentally incompetent person in your care; Minor Children’s Trusts allow for you to manage

assets for a period of time until your children reach an age you specify; Life Insurance Trusts help avoid estate taxes on life insurance benefits; and Bypass Trusts help you get around some estate taxes. To select the right Trust for your needs, talk to an estate planning attorney who can help you choose what’s best for your family.

Step 2: Setting Up a Trust

It is possible to create a Trust on your own (Rocket Lawyer can help), but it’s recommended to seek the advice of an experienced attorney who specializes in estate planning to walk you through what can sometimes be a complex process. At this stage you’ll want to:

• Gather or determine the assets to put in the Trust• Decide upon a trustee to manage the Trust• Choose beneficiaries for the Trust• Determine ongoing costs and expensesIf you create a Trust on your own (Rocket Lawyer can help), most states require them to be signed by you and witnessed in the presence of a notary.

Step 3: Asset Allocation

To make the Trust effective, you’ll need to move your assets into the Trust. This is an important step, since if you pass away without all of your assets in the Trust, probate courts will have to decide how this property is allocated and taxed prior to distribution. You assign assets to the Trust by opening new bank and investment accounts in the name of the Trust, and changing the title of any property or vehicles to the Trusts’ name.

PouR-oveR WIll

To make sure you’ve covered all the bases, a Pour-Over Will assigns everything you haven’t explicitly added to the Trust. It can also act as a catch-all so all of your assets are included in your estate plan, even if they aren’t placed in your Trust within your lifetime.

Trusts also require some maintenance, which can include filing separate tax returns. It’s a good idea to talk to a lawyer to make sure you understand all of the rights and responsibilities involved with creating your Trust.

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Real estate, legal DocuMents & otHeR tIPs

Now that you’ve nailed down your estate-planning cornerstones, you’ll want to take stock of the legal documents that will definitely come in handy down the road. It’s always wise, no matter what types of agreements you make having to do with everyday life and estate management, to keep good records and get all your legal agreements in writing. A few documents to keep handy are:

Insurance Policies: Make sure you have good insurance policies in place to protect your car, home, rental unit, pets and life. Good coverage can afford you real peace of mind.

Small Business Records: If you run a small business, it makes good sense to keep your corporate records, insurance policies, liability and other legal documents separate to avoid any unnecessary hassles in the event something happened to you.

Big Ticket Transactions: When buying and selling homes, automobiles or other big ticket items, be sure to save all documents having to do with the transactions. We can provide you with a Bill of Sale that legally transfers ownership of these items when you buy and sell.

Loaning Money: At some point you might choose to borrow money from a bank or family member; additionally, friends or family might ask the same favor of you. Detailed paperwork about the loan terms can save you and your family a lot of hassles down the road. You can get a Loan Agreement here whenever you need one.

Personal Legal Documents: Official documents like marriage certificates, deeds, birth certificates, passports and social security cards should be handy but kept in a safe place like a safe deposit box. If you handle the personal legal documents of the person you care for, it’s wise to keep them in the same safe place.

stoRIng & uPDatIng DocuMents

A few times we’ve mentioned how important it is for these documents (which you’ve taken the time to put together carefully) to be accessible to the people who need them in a pinch—your family and friends.

Safe deposit boxes are the ideal storage for your estate-planning forms and other legal documents. Most banks

have them, and they are a secure and convenient place to keep everything.

Additionally, when major life changes occur in your family like deaths, births, marriages, divorces, inheritances, new business ventures and so on, you might want to revisit your will, Power of Attorney, Advance Healthcare Directive and Trust in case some of the details need updating. A good rule of thumb is to revisit and review documents pertaining to you and the loved ones you care for every few years to ensure that everything is current and legally compliant.

WHen to talk to an exPeRt

We hope that our Legal Wellness Guide for Caregivers has provided you with enough direction for you to take charge of your estate planning and set up safeguards for the individual in your care, but you might hit a bump or two in the process where a little professional help could come in handy. For example, if you’re dealing with large sums, have an heir or beneficiary with special needs, or children from a previous marriage you’d like provided for separately, a lawyer can help you cut through the fog to provide valuable clarity and direction.

Estate administration attorneys understand the ins and outs of caregiving and can be called upon to handle the entire drafting and executing of your estate plan, or merely be brought in on a situation by situation basis. If you’re the inheritor of a Will that goes to probate, you’ll probably need a little legal assistance to navigate those waters.

Accountants can also help with estate planning, especially when tax laws have an impact on your estate and if you want to minimize inheritance taxes for your heirs.

If you’re in need of some assistance with your estate planning, or are confused about how to handle those of the person in your care, we can help you find a lawyer to answer simple questions or do more detailed work.

LegaL essentiaLs for Caregivers14

You provide good and thoughtful care for your loved ones, and the same should go for yourself. In the same way that you stay organized and detailed with your caregiving, you’ll want to dedicate the same attention to estate plans that protect you and yours. These safeguards will ensure that everyone’s wishes concerning property and health are carried out with a minimum of expense and inconvenience to the people you leave behind.

As you go along,

you’ll probably

have more

questions about

specific state and

local laws too.

Rocket Lawyer

has a network

of attorneys who

can help you

with these estate

planning related

legal questions.

Visit www.rocketlawyer.com

Conclusion

Rocket Lawyer eGuide DisclaimerThis eGuide is offered for informational and educational purposes only and should not be construed as legal advice. The law differs in each legal jurisdiction and may be interpreted or applied differently based on your specific factual situation. Use of the information in this eGuide is not a substitute for the advice of licensed legal counsel in your state and you should not act or rely on any information contained in this eGuide without first seeking advice from your own attorney.

“ Using Rocket Lawyer has been a fabulous experience. A real person guided me through the process of using a Codicil to update my Will, and took away any concerns I had. They gave me the extra help I needed to give me true peace of mind, and I have recommended them to everyone I know.”

—Valerie A.Rocket Lawyer On Call® Customer