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How to protect your loved one’s wishes and care
When someone you care about faces serious health or mental health challenges, three simple documents can help make sure their voice is still heard, even in moments that they can’t speak for themselves.
Best Way to Prepare
When possible, getting legal documentation sorted when your loved one is still able to think clearly and share their wishes can bring a lot of peace of mind.
When getting legal responsibilities in line, the person you care for will need to decide on one main person to make decisions on their behalf if ever needed, write notes about what kind of care they want (especially for mental health), and discuss who they’d like healthcare information shared with. This will help in establishing a health proxy, an advance directive, and HIPAA authorization.
Healthcare Proxy
This designates a trusted person—such as a family member or close friend—to make medical choices for someone who can’t. This person should know what the person values, what kind of care they want, and what matters most to them. Only the proxy can step in if a doctor says the person isn’t able to make or share their own choices.
Advance Directive
This is the full plan that allows someone to share their wishes ahead of time. It usually includes a healthcare proxy and can also specify what kinds of treatments the person wants or doesn’t want. For example:
- Do they want machines to keep them alive if they’re very sick?
- Do they want to focus on comfort?
- What do they want their care to look like if their memory gets worse?
HIPAA Authorization
This lets doctors share health details with the people the senior chooses—like their proxy or a family member. Without it, even the proxy might not be able to get the information they need to help. A HIPAA form, however, doesn’t let someone make decisions—it only lets them get health information.
Rules are different in each state. Some forms may need witnesses or a notary. If you are unsure, talk with a local legal expert or your loved one’s care team.
Why legal forms matter for mental health
Who can help make health care choices? What care does your loved one want? Who can talk with doctors? These questions are answered by three forms that help family members and caregivers stay involved in medical care.
Having these legal forms ready is especially helpful when a loved one has dementia, depression, confusion, or other mental health issues, as their ability to make decisions can change over time. These documents help caregivers make good choices about treatment, safety, hospital care, and medicine—based on what their loved one truly wants.
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