Creating Estate Plans for Hospitalized Loved Ones: Options for Emergency Planning

Families often contact our Broken Arrow law firm with urgent concerns about creating estate planning documents for hospitalized loved ones. While we always encourage proactive planning, we understand that medical emergencies can create immediate needs for legal documentation. Here’s what families should know about creating estate plans in hospital settings.

Legal Capacity Requirements

The foundation of any valid estate plan is the grantor’s legal capacity. Before proceeding with any estate planning documents, we must verify that your loved one:

• Understands the nature and extent of their assets
• Can identify their family members and potential beneficiaries
• Comprehends the purpose and effect of each legal document
• Has the ability to make and communicate their own decisions
• Is not under undue influence or duress

Available Planning Options

While hospital-based planning may need to be expedited, we ensure all documents meet legal requirements and truly reflect your loved one’s wishes. Essential documents often needed in these situations include:

Healthcare Decision Documents

• Health Care Power of Attorney
• HIPAA Authorization
• Advance Health Care Directive

Asset Protection Documents

• Durable Power of Attorney
• Revocable Living Trust (when appropriate)
• Last Will and Testament

The Hospital Documentation Process

Our team regularly assists clients with bedside document execution. We coordinate with hospital staff and family members to:

1. Schedule a time that works with the patient’s medical care routine
2. Conduct a private consultation to assess capacity and discuss wishes
3. Prepare appropriate documents based on the client’s specific needs
4. Ensure proper execution with required witnesses and notarization
5. Provide copies to appropriate parties and health care providers

Time-Sensitive Considerations

When dealing with medical emergencies, timing becomes critical. We recommend families contact our office as soon as they recognize the need for estate planning documents. Waiting too long could impact your loved one’s ability to participate in the planning process.

Next Steps

If you have a hospitalized family member who needs estate planning documents, we invite you to schedule a consultation through our website or contact our office at (918) 608-1836. Our experienced team can help you understand available options and create a plan that protects your loved one’s wishes while meeting all legal requirements.