End of Life Documents and When to Update Them
End-of-life planning involves gathering several key documents to ensure that your wishes are honored and your affairs are managed properly. These documents can help guide medical decisions, protect your assets, and provide peace of mind for loved ones.
Disclaimer: This information is for general educational purposes only and does not constitute legal advice. For personalized guidance and to ensure compliance with state and local laws, it is highly recommended to consult an attorney or legal professional who specializes in estate planning.
Key Documents Needed for End-of-Life Planning:
Advance Healthcare Directive (Living Will)
Outlines your preferences for medical care if you become unable to communicate your wishes.
Includes decisions about life support, resuscitation (DNR/DNI), pain management, and organ donation.
Durable Power of Attorney for Healthcare (Healthcare Proxy)
Designates a trusted person (proxy) to make medical decisions on your behalf if you are incapacitated.
Often paired with an Advance Healthcare Directive.
Durable Power of Attorney for Finances
Authorizes someone to handle financial matters, such as paying bills, managing investments, or handling taxes, in case you're unable to do so.
Last Will and Testament
Specifies how your assets should be distributed after death.
Allows you to name an executor to manage your estate and guardians for minor children, if applicable.
Revocable Living Trust
A trust to manage your assets during your lifetime and after your death.
Helps avoid probate, keeping your estate matters private and simplifying asset distribution.
Beneficiary Designations
Ensure that accounts like life insurance policies, retirement plans (401(k), IRA), and pensions have up-to-date beneficiary information.
These designations can supersede a will, so they need to be current.
Funeral or Burial Instructions
Written instructions specifying your wishes for funeral arrangements, burial, cremation, or other services.
These may be included in a separate document or within your will.
POLST (Physician Orders for Life-Sustaining Treatment)
A medical order that details specific treatments you want or don’t want, often used for those with serious illnesses or advanced age.
It is signed by both you and your physician and ensures that your end-of-life medical preferences are followed.
HIPAA Release Form
Grants permission for your healthcare proxy or designated individuals to access your medical records.
Digital Assets List
A document listing online accounts (email, social media, bank accounts, etc.), passwords, and instructions on managing these accounts after death.
Life Insurance Policies
Ensure that life insurance policies are easily accessible and include beneficiary information, coverage details, and contact information.
Financial and Property Documents
Includes deeds, titles, mortgage documents, tax returns, investment portfolios, and bank account details.
Letter of Intent
A non-legally binding document where you can communicate personal wishes, guidance for guardians, or instructions for distributing sentimental items.
Do Not Resuscitate (DNR) and Do Not Intubate (DNI) Orders
Specific medical orders that tell healthcare professionals not to perform CPR or intubate you if your heart stops or if you stop breathing.
Do-Not-Resuscitate (DNR) or Do-Not-Intubate (DNI) order can be included in an advance directive
Good RX Article https://www.goodrx.com/health-topic/end-of-life/dnr-dni
Again, please consult a licensed attorney to ensure that your documents are legally sound and reflect your current wishes.
When to Update:
It's important to regularly update your end-of-life documents to ensure they reflect your current wishes, legal changes, and life circumstances. Here are general guidelines for when you should consider updating these documents:
1. Every 3-5 Years
As a best practice, review all of your documents every 3-5 years to ensure they still reflect your wishes and comply with any legal changes in your state or country.
2. After Major Life Events
Marriage or Divorce: Update beneficiary designations, will, and healthcare proxies to reflect changes in your personal life.
Birth or Adoption of a Child: Update your will to include guardianship and provide for your new child.
Death of a Beneficiary or Executor: If someone named in your will, trust, or power of attorney passes away, update your documents.
Changes in Health: If you are diagnosed with a serious illness or your health situation changes, you may want to revise your healthcare directive and medical orders (e.g., POLST, DNR).
Significant Changes in Finances: If you acquire or lose substantial assets, inherit money, or experience financial changes (buying a house, selling a business), update your will, trusts, and powers of attorney.
Relocation to Another State or Country: Different jurisdictions may have different laws for estate planning documents. Update your documents to comply with your new location’s laws.
3. Changes in Relationships
If your relationship with someone named in your documents changes (such as falling out with an executor or power of attorney), it is important to update those selections.
4. Changes in Legal or Tax Laws
Estate, tax, and probate laws can change over time, potentially affecting your documents. If major legislative changes occur, especially related to inheritance tax, estate tax, or healthcare, update your documents to reflect those changes.
5. Regular Check on Beneficiary Designations
Life insurance policies, retirement accounts (401(k), IRA), and payable-on-death accounts should be reviewed annually to ensure the beneficiaries listed are still appropriate.
6. Update Digital Assets
As your digital presence (email, social media, cryptocurrency) evolves, update the list of digital accounts and access information to keep it current.
By periodically reviewing your end-of-life documents, you can ensure that they remain up-to-date and legally valid. Keep in mind that you should consult with an attorney to ensure any updates are properly documented and executed.
