Updating documents — when life changes require legal changes

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 signed his power of attorney ten years ago. He named your mother as his healthcare power of attorney. Then your parents divorced. He never updated the document. He never removed your mother's authority. Fifteen years after they split, he has a heart attack. He's in the hospital, and the hospital is trying to reach his power of attorney. They call your mother, who he hasn't been married to for fifteen years. She shows up at the hospital and, technically, has authority to make medical decisions for your father.

This is not what your father wanted. But his documents were out of date. He created them years ago and never revisited them. Life changed. His relationship changed. His health changed. His family situation changed. But his legal documents stayed the same.

Documents matter, but they also have to match your parent's current life. A power of attorney naming someone who's dead or someone your parent no longer trusts is worse than useless. It's dangerous. A healthcare directive that reflects your parent's values from decades ago might not reflect their current values. An estate plan that makes sense when you have young children might not make sense after they've grown. Documents aren't one-and-done. They need to be reviewed and updated as life changes.

Understanding when and how to update documents matters because the alternative is having documents that don't reflect your parent's actual wishes or situation. The good news is that updating is usually much simpler than creating documents in the first place.

Understanding the Basics

There are two ways to update documents. You can amend them with a document called an amendment or codicil. You can revoke them and create entirely new documents. Which makes sense depends on how much change there's been.

An amendment is a shorter document that modifies a specific part of an existing document. Maybe your parent wants to change who the healthcare power of attorney is, but everything else is fine. An amendment to the healthcare power of attorney says, "In my healthcare power of attorney signed on March 15, 2014, I revoke the appointment of John Smith as healthcare power of attorney and appoint Jane Smith as healthcare power of attorney instead. Everything else in the original document remains in effect." This is simpler and cheaper than creating a whole new power of attorney.

A full revocation means your parent is canceling the old document and creating a new one. You'd do this if there have been multiple changes or significant life changes. Maybe your parent wants a different healthcare power of attorney, a different financial power of attorney, different people named as beneficiaries, and different instructions about end-of-life care. You don't need to amend the old document multiple times. You just create a new one.

When your parent creates new documents, the old documents should be formally revoked. The new power of attorney says, "I revoke all previous powers of attorney." The new healthcare directive says, "I revoke all previous healthcare directives." This is important because institutions that have copies of the old documents might not know about the new ones. If your parent gives them a clear revocation statement, they know the old documents don't apply.

Some documents are easier to update than others. Powers of attorney and healthcare directives are straightforward to update. You just create new ones and revoke the old. Wills can be amended with a codicil or replaced with a new will. Beneficiary designations on life insurance policies, retirement accounts, and bank accounts can often be updated directly with the institution without an attorney. Deeds and property documents might require an attorney if there's a mortgage or complex ownership involved.

The key requirement is that your parent has to have capacity to execute new or amended documents. If your parent has lost capacity, you can't just create new documents. You'd need to go to court. This is why timing matters. If your parent needs to update documents and still has capacity, do it while they can. If you wait until they've lost capacity, you're stuck.

You also need to make sure people who have old copies understand that they're no longer valid. A bank that has an old power of attorney might use it unless you tell them there's a new one. An attorney's office might have an old will. Healthcare providers might have an old healthcare directive. When you create new documents, send copies to relevant institutions and tell them to disregard the old ones.

Your Parent's Specific Situation

Start by reviewing the documents your parent has. When were they created? Are the people named in them still alive? Are they still people your parent trusts? Has your parent's health changed significantly? Has their financial situation changed? Have they gotten divorced or widowed or had major life events?

If it's been more than five years since documents were created, it's probably worth having a conversation with your parent about whether an update is needed. Life changes. Relationships change. Values change. Your parent might feel that updating is unnecessary, but the conversation is worth having.

Ask your parent some basic questions. Does your parent still want the same person as their healthcare power of attorney? Would your parent still want the same person making medical decisions if something happened? Has that person moved out of state? Has that person become estranged? Does your parent still trust them?

Ask about financial authority. Does your parent still want the same person managing their finances? Has the person named as financial power of attorney become unable to do the job? Has your parent's financial situation become more complex, requiring someone with more expertise?

Ask about your parent's values around end-of-life care. Has their health changed? Has their thinking about what they want changed? Some people become more accepting of aggressive medical care as they age. Some become more focused on comfort. Neither is right or wrong, but the documents should reflect where they are now, not where they were ten years ago.

Review your parent's will if they have one. Who are the named beneficiaries? Are they still people your parent wants to benefit? Has your parent become estranged from someone who's named? Have new grandchildren been born who your parent wants to include? Are there new people or charities your parent wants to leave money to?

Think about your parent's current family and relationship situation. If your parent is married, divorced, or widowed now versus when documents were created, that might affect what documents say. If your parent has a new relationship that's serious, there might be new people to consider.

Consider your parent's financial complexity. Has your parent acquired more assets? Do they have investments that were named in documents? Has their financial situation become simpler? Sometimes as people age, their finances simplify, and a simpler estate plan makes sense.

Think about whether your parent's preferences around privacy or guardianship have changed. Some documents address whether your parent would want a specific family member as guardian if they lost capacity. Has that preference changed? Would your parent still be comfortable with that person, or has something changed that makes them want someone different?

Taking Next Steps

If you identify areas where your parent's documents should be updated, talk with them about it. "Dad, you named Uncle John as your healthcare power of attorney when you created this in 2010. He's moved to California, and you've told me you're not as close anymore. Is that still who you want making medical decisions if something happened?"

If your parent agrees that updating is needed, contact the attorney who created the original documents. Many attorneys keep records of the documents they've drafted. They can pull the file and discuss what updates are needed. The attorney can create amendments or new documents. This is often the simplest path because the attorney has continuity with your parent and understanding of what was created before.

If you can't reach the original attorney or if you're using a different attorney, that's fine. Any attorney who practices estate law can update documents. You don't have to use the same attorney who created them. But having the original documents when you meet with the new attorney is helpful because the attorney won't have to start from scratch.

The process of updating is usually simpler than creating documents from scratch. Your parent meets with the attorney. They discuss what's changed. The attorney prepares new documents or amendments. Your parent reviews them, signs them, and everything is executed properly.

The cost of updating is usually less than creating new documents. If you're only changing one thing, amending might cost a few hundred dollars. Creating entirely new documents might cost more. But this varies by attorney and by the complexity of the changes needed.

Once new documents are created, send copies to everyone who has copies of the old ones. Send an updated copy to your parent's healthcare providers. Send an updated copy to the bank if there's a financial power of attorney. Send it to the attorney's file if the same attorney is handling it. Make sure copies are replaced, not just added to.

Make sure your parent tells people about the updates. If your parent named someone new as healthcare power of attorney, that person should know and should have a copy. If your parent named someone new as financial power of attorney, that person should know. Don't let people be surprised when they suddenly need to step into a role they didn't know they were named for.

Update your parent's master document that lists where everything is. If documents have moved to a different location, update that. If the people named in documents have changed, update that. The master document should always be current.

This is one of those things that seems like it can wait, but it shouldn't. Your parent's life is changing. Their relationships might be changing. Their health might be changing. The documents that guide decisions about their care and their assets should match their actual life, not their life from ten years ago. Reviewing documents periodically and updating them when things change is good planning.

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.