The Essential Legal Documents Every Family Should Have Before an Emergency

Whether someone needs medical care, a bill must be paid, or a loved one needs someone to make a decision, emergencies can leave families scrambling for legal documents. You never know when it’s going to happen, and your family will need to be prepared with the required paperwork.

You should know what you have on hand before an emergency strikes.

You don’t need millions of dollars to prepare legal documents for your family. Have basic instructions, someone to make decisions, and make sure your family knows where your legal documents are. There are ways you can notarize documents from the comfort of your home, as long as the document allows it and it’s available in your state.

Table of Contents

• Know What You Need Help With If An Emergency Occurs
• Have Medical Instructions
• Keep Your Home Going
• Provide Instructions for When You Die
• Have Information About You
• How To Notarize and Store Your Documents
• Final Thoughts

Know What You Need Help With If An Emergency Occurs

There are many questions you need to think about when preparing documents for your family. Who will speak to your doctors, who can pay for your house, and who will look after your kids?

In a 2025 Pew Research Center survey, 32% of U.S. adults said they had created a will. That leaves many adults without a will setting out how their probate property should pass.

Know what you need when your family is trying to take care of things while you’re alive and when you are not.

Have Medical Instructions

If you are sick or injured, there may be times you cannot convey to your doctor what you want to happen to you. Here are some documents you can prepare ahead of time.

Living Will

A Living Will is one form of advance directive. It tells your doctor what kind of care you want or do not want when you cannot tell them yourself. This could include life-supporting care and palliative care.

All states have different forms. Some will allow you to write what you want and appoint someone to make decisions for you. You should always talk to your medical provider about your options.

For serious illness, ask a clinician whether an out-of-hospital DNR order or a POLST medical order would help emergency responders. Availability varies by state. Not all states have this option available to you.

Medical Power of Attorney

This allows you to name someone to make medical decisions for you if you are unable to speak or make decisions for yourself. They can be known as a medical power of attorney, healthcare proxy or healthcare agent.

Pick someone you know will follow your wishes and name another if your state allows.

Always know your state laws on having your document witnessed and/or notarized. If the document allows for notarization, using an online notary service can help you with this requirement. However, it does not satisfy any witnessing requirements that your state may require.

Give your agent a copy of your power of attorney and let your medical facility know where to find it.

HIPAA Release if Needed

A written HIPAA authorization can let specified people receive certain health information, within the limits you authorize. It will not allow them to make medical decisions for you, just receive information you allow them to.

Many times, your family can get information about you from your provider if they are taking care of you, but written authorization may clarify who can receive particular information, depending on your provider’s procedures. Always ask your medical team what they may need.

Keep Your Home Going

When you’re in the hospital, your bills are not going to go away. Your house, car, utilities, schools, etc all cost money.

A durable financial power of attorney allows you to name someone that can make financial decisions on your behalf. It can allow your agent to talk to banks, pay your bills, and more depending on how it’s worded and your state’s law.

The word durable means that if you become incapacitated, your agent can still make decisions for you. An agent must act within the power of attorney and their fiduciary duties, and not use your money for personal benefit outside what is legally authorized. The authority generally ends when you die. Check when the authority begins. Some powers take effect immediately; others begin only after specified conditions are met.

Don’t pick someone just because they are your eldest child; pick someone who you trust will take care of your finances and keep good records. You can name another agent as a back-up and let them know what to do when needed.

Your bank may have additional requirements to work with your power of attorney; make sure you ask while you can.

Provide Instructions for When You Die

Medical and financial powers of attorney are meant to be used when you are alive; they do not replace your will or estate plan.

Will

Your will will allow you to leave property to your loved ones that are in your estate. You can also name an executor and if you have minor children, a guardian that the courts can use as guidance.

If you don’t have a will, your state will determine who gets your property in probate.

Notarizing a will is not automatically enough to make it valid. Check your state’s requirements for signing and witnesses. Each state has different requirements to sign your will, so know your state’s laws. Some states allow you to add a self-proving affidavit to your will, which can be notarized as well to help the courts.

Beneficiaries

Make sure your life insurance, retirement, and some checking accounts have beneficiaries listed. They can override what your will says, so double-check these after any major life events.

Trust

Depending on your situation, you may want to look into trusts. They can help manage property, help your kids, and leave specific directions for certain assets. Not everyone needs to have a trust, but it’s something to consider when creating your estate plan. If you create a trust, check that the assets intended for it are properly transferred or titled. Signing the trust alone does not necessarily move property into it.  Always consult an attorney when dealing with trusts, blended families, special needs, or property in multiple states.

Have Information About You

Not only do you want to have documents to help with legal decisions, but you also want to make sure you have documentation that can prove your identity, family, etc.

Here are some things you can include in your emergency folder.

• Certificates, marriage, adoptions, etc
• Passport, ID, and insurance cards
• House, car, and bank information
• Emergencies, medications, doctor information, etc

If you are divorced, make sure you have a copy of your custody order and any school information handy. You can create a letter to allow others to pick up your kids, but it will not supersede your custody order.

Make sure your passwords are stored safely; don’t list them next to your accounts. Allow that person to legally have access to what they need.

How To Notarize and Store Your Documents

It’s easy to make mistakes when you’re trying to create documents that will help your family in an emergency.

Make sure you know your state’s requirements for each document. You may need to have your documents witnessed, notarized, or both. Remote Online Notarization can be done from home; they will verify your identity and speak to you on video. Make sure your document qualifies to be notarized remotely and that the business or agency you are giving it to will accept it. Ask them what you can notarize at home and when you need to sign.

Once you’ve gotten your documents, make sure you store your original copies somewhere that is easily accessed. Have digital copies saved that are protected and show your executor and agent where your documents are. Don’t put your documents in a safe that no one can get to; if it’s an emergency, no one can help you open it.

Some hospitals allow you to put your medical instructions on your chart, so ask them if you can. Make sure your agent knows what banks and properties you have; that way they can take care of everything for you.

Once your documents are complete, check in every few years to make sure your information is correct, and the people you chose can still help you.

Final Thoughts

Having an emergency plan for your family doesn’t have to be overwhelming. Have your medical instructions, who will make decisions for you, and have a will. Then work on the rest of your documents that will benefit your family.

Just remember, if your family knows what to do, it will make things less stressful for them.