Emergency legal documents — what can be done quickly when time is short

This article is for educational purposes only and does not constitute medical, legal, or financial advice. Every family situation is different, and you should consult with appropriate professionals about your specific circumstances.

Your father called from the hospital. He'd had a fall. He's being admitted. The hospital asked if he had any legal documents giving you authority to make decisions. He said he'd been meaning to do them but never got around to it. Now he's hospitalized and can't manage his own affairs. You have two days before he has surgery. He's lucid enough to understand documents. You need legal authority fast.

This is not the ideal situation. Ideally, your parent's legal documents are in place long before any emergency. But sometimes emergencies happen before documents are in place. Sometimes your parent kept putting off the paperwork, and then something happens. Sometimes your parent didn't think they needed documents, and now they do. You're facing the need to get documents signed quickly.

Some legal documents can be done quickly. Not all. Understanding what's possible in a compressed timeline helps you prioritize what matters most and get what you can done in the time you have. In an emergency, you won't be able to get everything. But you might be able to get the most critical things.

Understanding the Basics

Not all documents can be rushed. Creating a trust, updating a will, establishing complex estate planning, these things take time. The attorney needs to understand your parent's situation, your parent's wishes, your parent's assets. The process takes time.

But some documents can be done more quickly. A healthcare power of attorney can often be done in a day or two. A financial power of attorney can often be done in a day or two. A living will or basic healthcare directive can sometimes be done quickly. These documents are simpler. The attorney needs to understand what your parent wants, but the documents are more straightforward than complex estate planning.

The key is that your parent has to have capacity to sign the documents. If your parent is confused or not capable of understanding what they're signing, the documents won't be valid. But if your parent is lucid and capable, documents can be signed more quickly.

You also need an attorney willing to rush the process. Not all attorneys can do emergency documents. Some have other commitments. Some don't have experience with quick turnarounds. But some attorneys specialize in this kind of work. Some can meet your parent at the hospital. Some can draw up documents quickly.

The documents won't be as detailed or as comprehensive as documents created in a non-emergency situation. An attorney working in an emergency might create a straightforward power of attorney instead of a comprehensive financial plan. The documents might be basic instead of customized to your parent's specific situation. But basic documents that are signed are better than comprehensive documents that don't exist.

Some documents, like a healthcare power of attorney, might be able to use a state-provided form that doesn't require attorney preparation. Your parent's hospital might have forms that your parent can fill out and sign with witnesses. These forms might be acceptable to the hospital even if they're not as detailed as an attorney-created document. Talk to the hospital about what they'll accept.

Digital signatures or electronic signatures are increasingly accepted for legal documents, which can speed up the process. Your parent might be able to sign documents electronically if it's not possible to meet in person.

The timeline for emergency documents is tight. You're not trying to create the perfect documents. You're trying to get something in place that gives you legal authority to make decisions if your parent can't. You're trying to protect your parent and yourself in the short term. You can refine the documents later if needed.

Your Parent's Specific Situation

First, assess your parent's capacity. Can your parent understand what they're signing? Can they communicate their wishes? If your parent is lucid and capable, documents can be signed. If your parent is confused or declining, the question becomes more complicated. An attorney can assess your parent's capacity.

Assess what authority you most critically need. If your parent is being hospitalized and will have surgery, healthcare decision-making authority is probably the top priority. If your parent is going to be incapacitated for a longer time, financial authority might matter. Think about what decisions you might have to make in the next few days or weeks.

Call an attorney immediately. If you don't have an attorney, ask your hospital for referrals. Most hospitals have connections with attorneys who can do emergency legal work. Your parent's doctors might have referrals. Your state bar association might have a referral service. Call and explain the emergency. Many attorneys will make time for emergency document work.

When you call the attorney, explain the situation clearly. Explain what happened. Explain when your parent needs documents. Explain what authority matters most. The attorney can advise you on what's possible in the timeline you have.

Be prepared to answer questions about your parent's assets and situation. The attorney will want to understand enough about your parent's situation to draw up appropriate documents. If your parent has significant assets, documents might be more complex. If your parent's situation is simpler, documents can be more straightforward.

Prepare your parent for the conversation with the attorney. If possible, talk with your parent about what they want before the attorney arrives. Who do they want making decisions? What matters to them? What values should guide decisions? Having this conversation beforehand makes the attorney meeting faster.

Ask the attorney what documents they can complete in your timeline. The attorney might suggest a healthcare power of attorney and a financial power of attorney but say a full will or trust isn't possible in the timeline. Talk about what's actually doable.

Taking Next Steps

Contact an attorney today. If your parent is hospitalized, most hospitals can help with attorney referrals. Be direct about the emergency nature of the situation. Attorneys who do this work understand emergency timelines.

When the attorney is on the way or when you're scheduling the meeting, prepare your parent. Explain what documents are being done. Answer your parent's questions. Your parent needs to be ready to sign and needs to understand what they're signing.

Prepare information the attorney will need. Have insurance information. Have information about assets. Have information about any debts. Have names of people your parent trusts to make decisions. The attorney will ask for this information, and being ready to provide it speeds things up.

Be present for the document preparation if possible. The attorney might meet your parent alone, which is fine. But you might want to be there to answer questions and to help your parent understand what they're signing.

Once documents are signed, get multiple copies. The hospital will need copies. Your parent's doctors will need copies. You'll need copies. Get certified copies if possible, but even regular copies will help.

Distribute documents to relevant people. Give copies to the hospital. Give copies to your parent's doctors. Give copies to the bank if there's a financial power of attorney. Make sure the people who need to know about the documents actually have them.

After the emergency is over, schedule a more comprehensive meeting with an attorney to address your parent's full estate planning. This emergency power of attorney is meant to be temporary, though it will remain in effect. Once your parent is recovered or once the immediate emergency is over, consider creating more comprehensive documents that address your parent's full situation.

This is one of those situations where you're not going to end up with perfect documents. You're going to end up with documents that address the most critical needs in the time you have available. That's okay. Getting something in place is what matters. Later, when there's more time, you can refine and expand the documents. But in an emergency, getting the most critical authority in place is what counts.

How To Help Your Elders is an educational resource. We do not provide medical, legal, or financial advice. The information in this article is general in nature and may not apply to your specific situation. If you are concerned about a loved one's cognitive health or safety, consult with their healthcare provider or contact your local Area Agency on Aging for guidance and support.