Dear FineMark: What Documents Should We Have in Place Before There’s a Health Crisis?
Recorded on April 23, 2026
Dear FineMark: What Documents Should We Have in Place Before There’s a Health Crisis?
Today’s Dear FineMark question comes from a woman who recently experienced just how quickly things can change.
“My mom had a sudden health scare and ended up in the hospital. The doctors were asking me questions, and I assumed I could step in and help—but I quickly realized I didn’t have the authority to make decisions or access certain information. Thankfully, everything turned out okay, but it made me realize how unprepared we are. What documents should we have in place before there’s a health crisis?”
In those moments, families are focused on helping, but depending on circumstances and without the right documents in place, even close family members can be limited in what they’re able to do.
Whenever you’re considering putting these documents in place, it’s best to work with your estate planning attorney so they reflect your situation. But generally speaking, there are three commonly discussed documents to consider:
Durable Power of Attorney
A durable power of attorney can allow you to appoint someone you trust to manage and make certain financial decisions on your behalf, depending on the circumstance. This could be beneficial if you became unable to do so. This can include paying bills, managing investments, and handling day-to-day financial decisions as a few examples.
Health Care Surrogate Designation
Also known as a medical power of attorney, this document may name the person who can make certain health care decisions on your behalf if you are unable to communicate your wishes.
Living Will
A third document people often discuss with an estate planning attorney is a living will.A living will can express your preferences for medical care, particularly in situations involving life-prolonging measures. It can provide guidance to your loved ones and medical providers during difficult moments.
Accessibility Matters
Having these documents in place is only part of the process. It’s equally important that your family members know where they are and can access them when needed.
One of the most common misconceptions is the belief that a spouse or child can automatically step in during a crisis. In many cases, that authority may need to be formally granted.
While these conversations can feel uncomfortable, taking the time to plan ahead can make a meaningful difference for your family.
It allows you to maintain control over your decisions—and helps ease the burden on those who may one day need to act on your behalf.
