A Legal Checklist for Family Caregivers

3. Organize important papers

Most people don't realize how many legal documents they already have, or how many they will need for matters that arise. Important ones include:

• birth certificate
• marriage certificate
• divorce decree
• citizenship papers
• death certificate of a spouse or parent
• power(s) of attorney
• deeds to property
• deeds to cemetery plots
• military discharge papers
• insurance policies
• pension benefits

Organize these documents into files that are easy to navigate.

4. Explore potential financial help

Investigate public benefits such as:

• Social Security Disability Insurance (SSDI), monthly payments for people unable to work due to a serious medical condition
• Supplemental Security Income (SSI), a safety-net benefit for older, disabled and blind people with very limited income and assets
• Medicare, the federal health-care program for people age 65 and older
  
• Medicaid, the federal health-care program for low-income individuals and families
• Veterans benefits, including financial support for caregivers of former service members
• Supplemental Nutrition Assistance Program (formerly known as food stamps)

Online tools like AARP Foundation's Local Assistance Directory and the National Council on Aging's Benefits Checkup can help you find local, state and federal programs you qualify for.

Also, examine your loved one's insurance and retirement plans, including (where applicable) life insurance, disability coverage, pension benefits, long-term care insurance and workplace health insurance. See whether any of them cover home health visits, skilled nursing, mental health services, or physical therapy and other short-term assistance.

If you need to take a leave of absence from your job to care for a loved one, you may be entitled to up to 12 weeks of unpaid leave under the federal Family and Medical Leave Act. Some employers offer paid family leave, and seven states (California, Connecticut Massachusetts, New Jersey, New York, Rhode Island and Washington) and the District of Columbia mandate paid leave for caregiving. Oregon and Colorado are set to follow suit in 2023 and 2024, respectively.

5. Look for tax breaks and life insurance deals

Your family member may be able to claim federal tax deductions for many health care costs, including a hospital bed or wheelchair; out-of-pocket expenses not covered by health insurance; remodeling the home to make it accessible; and hiring a short-term or part-time home health aide to provide respite for the main caregiver. Save receipts for medical expenses.

Also, find out whether your loved one has a life insurance policy that makes accelerated death payments to help pay for long-term care.

6. Think beyond your loved one

If a parent passes away or becomes unable to take care of people who depended on them, you may need to take on additional caregiving roles. This includes assuming responsibility for adult children with special needs. Make sure that child gets every available benefit, such as SSDI, local and state disability, special education programs and transportation assistance.

You may also need to assume oversight of benefits of the surviving spouse, too, by making sure he or she is the beneficiary of your loved one's IRA, bank account, life insurance policy and pension benefits. Your loved one may have also made a plan for pets in their will and set aside money to pay for their care.

Editor's note: This article, published Oct. 23, 2020, has been updated with additional information on public benefit programs and new information on states with paid family leave policies.