End of Life Planning Guide: Section 1B

B. LEGAL PLANNING AND DOCUMENTS, OTHER THAN HEALTH CARE
 

Durable Power of Attorney (“POA”)

The “Power of Attorney” is a legal document authorizing a trusted person(s) to make legal and financial decisions on your behalf. This person must act according to any instructions you have left, or in your best interest if you have left no instructions. This person will have the authority to act concerning financial matters related to health care but a POA form does not designate who is to make health care decisions. You must execute a health care proxy for that purpose.

Once given, a durable grant of power remains valid during your lifetime (unless you revoke or transfer it) even if you become incapacitated. In the state of New York, all POAs are durable by default unless you specifically state otherwise. If your POA is not durable, your agent’s power to act ends if you become incapacitated. That is, a non-durable grant would fail to serve many of the needs that could occur during a serious or end-of-life illness.

New York’s short power of attorney form allows you to authorize your agent to be responsible for financial matters relating to health care including, but not limited to, benefit entitlements and payment obligations. 

Agent for the Disposition of Remains

States that have enacted laws allowing “a person to appoint a person they trust – such as a family member or close friend – to act as their ‘agent’ (legal representative) to control the disposition of their remains following death. . . Funeral directors, cemeteries, crematories and other providers involved in the process of final disposition must follow the deceased’s directions, as well as any decision made by the agent if there are no specific written instructions.”  The appropriate New York State form is available here.

Ethical Wills

Creating an Ethical Will invites writers to reflect on their most important values to practice and their connections to their communities. For many, this opportunity is a clarifying gift to oneself and a sacred contribution to loved ones. We find the practice of leaving blessings for family before one's death in the first book of the Torah when Jacob offers blessings and guidance to his children. For a book on this subject, see Jack Riemer and Dr. Nathaniel Stampfer, So That Your Values Live On: Ethical Wills and How to Prepare Them.

SEE THE APPENDIX FOR ADDITIONAL READINGS AND RESOURCES

PREPARING A FOLDER OF NEEDED DOCUMENTS (“JUST IN CASE” FILE) 

Advance planning includes both documenting the deceased’s wishes concerning the issues discussed in this guide and identifying other financial or legal documents that will be important for settling the deceased’s affairs. Documents and other records preserved in a “Just in Case” folder will ease the burden for those taking care of matters after a death occurs. The Rabbinical Assembly guide stresses the wisdom of providing designated relatives with this vital information to direct these decisions, and section 7.12 of the R.A. guide lists some of the specific information that will be needed when a death occurs. 

With these and other documents, building a “Just in Case” file will start with an inventory of what you have. The documents in the file should fully identify the deceased and indicate the deceased’s wishes and instructions for health care and other matters. They should also include estate planning materials, financial documents, and any other documents that clergy, the funeral home and cemetery, the designated agent(s) of the deceased or any surrogate, and attorneys will need to carry out the deceased’s wishes.

In addition to these kinds of documents, some additional information will be important when a family member is ill or hospitalized. This will include contact information for the primary care or most recent treating physician, along with medical and hospital insurance coverage (identification numbers and cards). The medical team of a hospital or nursing home will present the family member or designated agent with a HIPAA (Health Insurance Portability and Accountability Act of 1996) compliant waiver to specify who can have access to confidential medical information. This may be incorporated into a health care proxy.

Documents and other records can be prepared or revised at any time. The Just in Case file should be kept accessible. The documents and records should be revisited and updated as needed. Consider, for example, whether you have moved, whether there are new family members, or whether you want to keep the same agents in place.

Once the file is created you need to advise key family members of its location(s) and provide keys or passwords, as needed, for access. You might also carry a copy (digital or paper) in your wallet or purse. Be sure to give a copy of completed health care documents to your proxy, primary care provider, and other family members or key friends. For an example of a digital folder, see the American Bar Association’s “Mind Your Loved Ones (MYLO)” Smartphone App.

Here are two lists of items recommended to be included in a “Just in Case” folder. 

The Rabbinical Assembly’s Guide, mentioned in the main text, contains (section 7.12) a list of key items that will be needed shortly after death. They include:

1. 1. Full name of the deceased
   2. Hebrew name, Hebrew name of father and mother
   3. Kohen/Levi/Yisrael
   4. Date of birth and location of birth certificate
   5. Place of birth
   6. Mother's maiden name
   7. Social Security number and where the card is kept
   8. Location of will, legal advisor’s telephone number
   9. Life insurance agent’s telephone number
   10. Life insurance policy numbers and where policies kept
   11. Location of safe deposit box, key, and who has access
   12. Bank account numbers - checking and savings and where kept
   13. Securities information and where securities kept
   14. Cemetery deed/location
   15. Real estate and how title is held
   16. Military service and where discharge papers kept
   17. Rabbi to be notified

The following is a more expansive list of items to be kept in a “Just in Case” folder:

IDENTIFICATION OF DECEASED

1. Full name of the deceased--if available, Hebrew name, Hebrew name of father and mother.
2. Date of death (before or after sundown). Habonim will provide Yahrzeit date.
3. Date of birth and location of birth certificate, place of birth
4. Mother's maiden name
5. Record of any military service and where discharge papers are kept
6. Death certificate (to be provided by funeral home)
7. Next of kin, mourners, other survivors
8. Documents related to legal status (marriage, adoption, citizenship)
    

WISHES OF DECEASED

1. Cemetery deed/location
2. Funeral home preference/arrangement
3. Health care proxy, medical directives, and organ donation
4. Durable power of attorney
5. Ethical Will

FINANCIAL AND OTHER INFORMATION

1. Social Security number (and where the card is kept)
2. Will or location of will
3. Legal advisor’s name and telephone number
4. Life insurance agent’s telephone number
5. Health care and life insurance policy numbers and where policies are kept
6. Location of safe deposit box, key, and who has access
7. Bank account numbers - checking and savings, and where they are kept
8. Securities information and where securities are kept
9. Real estate and how the title is held, mortgage
10. Medical and hospital insurance coverage
11. Other insurance policies – umbrella, house, auto
12. Credit and debit cards and auto payment accounts
13. Passports
14. Address book, passwords
15. Arrangements for pets
16. Other professional advisors (accountant, pension funds, stockbroker)