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Gathering Essential Documents Print E-mail
It's on everyone's "to do" list – getting all the important documents prepared and organized – but it tends to get put off. However, your appointed agents and advocates are helpless without access to your important legal documents. The original, signed legal documents should be located in a secure location. And you'll need to make sure your appointed agent or advocate knows where the documents are located.

Here are some of the commonly needed documents:
  • Identification Cards: Drivers license or state ID; Social Security card; Medicare card; Blue Cross or other health insurance card.

  • Durable Power of Attorney: While a copy will suffice for most business the original will be needed for some events, such as selling or mortgaging a home. The original should be accessible at any time including evenings and weekends. That means it should not be in a place such as a safe deposit box or an attorney's office. To avoid delays, you should file a copy with the financial institutions you do business with shortly after having the document completed.

  • Healthcare Power of Attorney: Healthcare providers may not release confidential information without authorization by the patient. The healthcare power of attorney does that and it allows the advocate to make treatment decisions if the patient cannot or merely wishes the advocate to do so. The original should be obtained.

  • The Will: The Will, also known as Last Will and Testament, should be located in a secure place. Since it will not be needed during lifetime, unless changes are desired, the Will may be left in a safe deposit box, in an attorney's office or on file with the probate court. The chosen Personal Representative should be aware of the location of the Will.

  • Revocable Living Trust: Does the person have a Trust? If the person has property titled in the name of a trust, the trust agreement should be secured. An attorney may be needed to interpret the trust. Evidence that an account is in a trust will be shown by the account statement. It will say something like "John Jones, Trustee" or "John Jones Revocable Trust." A deed to a home may say something like John Jones transfers the property to "John Jones, Trustee of the John Jones Trust."

  • Pension Benefit Plans: While many companies have discontinued pension benefits, some still provide for benefits including health insurance. The plan documents should be secured from the pension plan administrator and reviewed for coverage. For example, some plans offer benefits over and above what Medicare provides while others merely supplement Medicare.

  • Insurance Policies: Health insurance, whether privately obtained or part of a pension plan, always has a policy manual. It should be obtained so that benefits may be known and if improperly denied, appeal procedures can begin.
Article by Jim Schuster, Certified Elder Law Attorney