November is National Family Caregivers Month, a time to recognize the millions of spouses, adult children, siblings, and friends who quietly hold their families together. If you are one of them, thank you. You manage medications, drive to appointments, pay bills, and sit up at night worrying. What many caregivers don’t realize until a crisis hits is that love and good intentions are not enough to give you legal authority to help.
Throughout November, we’ll share practical guidance for caregivers and the people they care for. We’re starting with the foundation: the documents that let you step in when you’re needed most.
Why Legal Authority Matters
Many families assume that a spouse or adult child can automatically speak with a doctor, call the bank, or sign paperwork for a loved one. In most cases, that isn’t true. Without the right documents, a hospital may decline to share information with you, and a bank may refuse to let you pay your mother’s bills from her own account. Privacy laws and internal institution policies exist to protect people, but they can leave well-meaning caregivers stuck.
If your loved one can no longer make decisions and there are no documents in place, the family may need to ask the probate court to appoint a guardian. Guardianship is sometimes necessary, but it is public, can be expensive, requires ongoing court reporting, and takes time that families in crisis often don’t have. In many cases, a few well-prepared documents can avoid needing guardianship entirely.
The Caregiver Documents
Financial Power of Attorney. This document names an agent to handle financial matters such as paying bills, managing bank accounts, filing taxes, and dealing with real estate. A financial power of attorney stays in effect even if the person loses capacity, which is exactly when caregivers need it. A financial power of attorney can be effective immediately or only upon a triggering event such as incapacity.
Health Care Power of Attorney. This names someone to make medical decisions if your loved one can’t make or communicate them. It is important to remember that as long as a person can make and communicate their healthcare decisions, the decision is theirs.
Living Will. A living will states a person’s wishes about life-sustaining treatment at the end of life. It spares caregivers from having to guess, and from carrying the weight of those decisions alone.
HIPAA Authorization. This release allows doctors, hospitals, and insurers to share medical information with the people you name. It is especially helpful for caregivers who coordinate appointments and care but aren’t the decision-maker.
The Window to Act Can Close
These documents can only be signed while a person still has the capacity to understand them. With dementia, Parkinson’s, or a sudden stroke, that window can close faster than families expect. If your loved one’s health is changing, the best time to act is now.
It’s also worth reviewing documents that already exist. A power of attorney signed 20 years ago may name an agent who has since passed away, or it may lack the powers needed for today’s banking or long-term care planning. Additionally, financial institutions in Ohio may not accept an older financial power of attorney.
How We Can Help
At McFadden Bushnell LLC, we help Ohio families put these protections in place before a crisis, and we help families find a path forward when one has already arrived. If you’re caring for someone, or if you want to make things easier for the person who may one day care for you, call us at (216) 714-0090 or visit www.mcfaddenbushnell.com.
