What Happens When a Caregiver Passes Away?

It is very important to have an estate plan in place and to appoint the right people to make decisions on your behalf if you’re unable to do so. When someone passes away, it is important to recognize that these estate planning documents can give a valuable roadmap to surviving family members.

Older adults are in a vulnerable position, especially when their lives depend on continued care. This is why you must think about the potential for having a successor in caregiving. When putting together estate planning documents, think about who else might be able to step in as your caregiver or as a caregiver replacement. When only one person is caring for an elderly loved one, advanced planning should be done.

Whoever has stepped up to the role of family caregiving in your situation may be so busy balancing these daily activities with other responsibilities that they don’t think about what might happen if they were unable to serve any further. Planning for succession in this way is often neglected but appointing a backup caregiver is strongly recommended. This makes sure there is another person who is willing and able to step into action quickly if needed. This person should be able to access the necessary documents, homes and other materials they may need to exist in the caregiving role.

The supportive and experienced estate planning attorney can be used to think through these issues and to clearly document powers of attorney and other documents that name individuals who can step into this role and those who will succeed them in the event that the original person is no longer willing or able to serve in the future.

Contact a Massachusetts estate planning lawyer to learn more.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. For legal advice specific to your situation, please consult with a qualified attorney.

About Tiffany A. O'Connell, JD, LLM, CELA, AEP

Tiffany A. O'Connell, JD, LLM, CELA, AEP is the CEO and Founding Partner of O'Connell Law, an estate planning and elder law firm serving clients across Massachusetts, New Hampshire, and Vermont. She is one of a select group of attorneys in Massachusetts certified by the National Elder Law Foundation as a Certified Elder Law Attorney (CELA). Tiffany focuses her practice on estate planning, trust and probate administration, Medicaid planning, long-term care planning, Alzheimer's planning, charitable planning, and retirement and wealth strategies. She has been helping families plan for their futures since opening her practice in 2010.

Credentials: JD, LLM, CELA (Certified Elder Law Attorney — National Elder Law Foundation), AEP (Accredited Estate Planner)

Licensed in: Massachusetts

Areas of Practice: Estate Planning, Elder Law, Medicaid Planning, Probate & Trust Administration, Alzheimer's Planning, Asset Protection

View all posts by Tiffany A. O'Connell, JD, LLM, CELA, AEP →

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. For legal advice specific to your situation, please consult with a qualified attorney.