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By Bernard A. Krooks, Certified Elder Law Attorney

Special Guest Contributor: Amy C. O’Hara, Certified Elder Law Attorney

No one expects to be hospitalized suddenly. Yet accidents, unexpected illnesses, or medical crises can happen at any time. While we cannot control when emergencies occur, we can prepare for them. From an estate planning perspective, thoughtful preparation for an emergency hospitalization can reduce stress, protect your wishes, and ensure that your loved ones are able to help when you need them most.

Emergency planning is not just for older adults or those with chronic illness. Every adult should have a plan in place that allows trusted individuals to step in quickly if they become unable to communicate or manage their affairs.

Health Care Directives: Your Voice When You Cannot Speak: At the core of emergency planning are health care directives. These documents allow you to legally appoint someone to make medical decisions for you if you cannot make them yourself and provide guidance about your wishes.

A Health Care Proxy designates a trusted person to make medical decisions on your behalf if you are unable to do so. This person should understand your values and be willing to advocate for your wishes, even in stressful situations. It is recommended to name at least one alternate agent in case your primary agent is unavailable.

A Living Will expresses your preferences regarding life-sustaining treatment, such as resuscitation, artificial nutrition and hydration, and mechanical ventilation. While not every situation can be anticipated, providing written guidance helps your health care agent know your wishes.

A HIPAA authorization should also be included. This document allows medical providers to share your health information with the individuals you designate. Without it, even close family members may have difficulty obtaining updates from doctors or hospitals.

Power of Attorney: Managing Financial and Legal Matters: An unexpected hospitalization can also interrupt your ability to manage finances or legal matters. A Power of Attorney allows a trusted agent to handle financial tasks such as paying bills, managing accounts, communicating with insurance companies, or handling real estate matters if you are incapacitated.

Without this document, your family may need to pursue a court-appointed guardianship to manage your affairs, which can be time-consuming, costly, and emotionally draining. A properly drafted power of attorney allows someone to step in immediately and keep your financial life running smoothly.

Create an Emergency Information Packet: In addition to legal documents, it is important to assemble a practical emergency information packet. This packet should be easy to access and shared with key individuals. Consider including the following:

Emergency Contact List: Prepare a list of people who should be contacted in an emergency, including family members, close friends, and professional advisors. Include phone numbers, email addresses, and the order in which they should be contacted. Make sure your designated health care agent is clearly identified.

Medication List: Maintain a current list of all medications you take, including dosages, prescribing physicians, and any allergies. In an emergency, having accurate medication information can be critical to safe treatment. Update this list regularly and keep a copy in your wallet or phone.

Doctor and Medical Provider List: Include contact information for your primary care physician, specialists, therapists, and pharmacy. This helps hospital staff quickly obtain medical history and coordinate care.

Insurance Information: Keep copies of your health insurance cards, Medicare or Medicaid information, and any supplemental policies. Knowing your coverage can help your loved ones navigate billing and coverage issues more easily.

Care for Dependents and Pets: Emergency planning should also address the needs of those who rely on you.

If you care for minor children, older relatives, or individuals with disabilities, create written instructions about their daily routines, medications, and key contacts. Identify who will step in temporarily to provide care if you are hospitalized. While formal legal arrangements may be necessary for long-term care, even short-term planning is invaluable during an emergency.

Do not forget about pets. Identify a trusted friend, neighbor, or family member who can take responsibility for them on short notice. Provide information about feeding schedules, veterinary contacts, medications, and any special needs. Some people include a small emergency fund or written authorization to allow a designated person to obtain veterinary care if needed.

Where to Store and Share Information: Having documents and information prepared is only helpful if they can be located quickly. Store originals of your estate planning documents in a secure but accessible location. Inform your agents and trusted family members where to find them. Consider providing copies to your health care agent and keeping digital versions in a secure, shared folder.

Many people also carry a wallet card noting that they have a health care proxy and listing an emergency contact. Some smartphones allow you to display emergency contacts and medical information on the lock screen.

Review and Update Regularly: Emergency planning is not a one-time task. Review your documents and information at least every few years, or after major life events such as marriage, divorce, relocation, or changes in health. Ensure that the individuals you have chosen as agents are still willing and able to serve.

Preparing for emergency hospitalizations may feel uncomfortable, but it is one of the most thoughtful gifts you can give your loved ones. By putting clear legal documents and practical plans in place, you reduce uncertainty and ensure that your wishes are honored.

Bernard A. Krooks, Esq., is a founding partner of Littman Krooks LLP. He was named 2021 “Lawyer of the Year” by Best Lawyers in America® for excellence in Elder Law and has been honored as one of the “Best Lawyers” in America since 2008. He was elected to the Estate Planning Hall of Fame by the National Association of Estate Planners & Councils (NAEPC). Krooks is past Chair of the Elder Law Committee of the American College of Trust and Estate Counsel (ACTEC). Mr. Krooks may be reached at (914-684-2100) or by visiting the firm’s website at www.littmankrooks.com.