Turning 65 is more than just qualifying for Medicare or planning retirement—it’s a wake-up call to ensure your legal affairs are in order. Life can be unpredictable, and the best gift you can give your family is the ability to act on your behalf if something unexpected happens.
From managing finances to making medical decisions, having the right legal documents in place can save your loved ones from confusion, legal obstacles, and costly delays.
Here are five essential legal documents every family should have by age 65—and why each one matters.
1. Durable Power of Attorney (POA)
Imagine you’re in the hospital and can’t access your bank account. Who pays your bills? Handles your property? Talks to your insurance company?
That’s where a Durable Power of Attorney comes in. This legal document allows you to appoint someone to manage your financial affairs if you become unable to do so yourself. Your chosen agent (often a spouse, adult child, or trusted friend) can step in without needing court approval.
Without a POA, your family may have to go through a time-consuming and expensive guardianship process to get permission to act.
Related: What Happens When There’s No Power of Attorney in Place
What it covers:
- Paying bills and managing bank accounts
- Handling investments and taxes
- Buying or selling property
- Applying for benefits or managing insurance
Tip: Choose someone responsible, organized, and trustworthy. Your POA can be effective immediately or only if you’re declared incapacitated—your lawyer can guide you on the best option.
2. Health Care Proxy (Medical Power of Attorney)
Who makes your medical decisions if you can’t speak for yourself?
A Health Care Proxy—also called a Medical Power of Attorney—lets you designate someone to speak with doctors and make medical choices on your behalf. This becomes essential in cases of sudden illness, unconsciousness, or progressive conditions like dementia.
Many people assume a spouse or adult child automatically has this right, but that’s not guaranteed in every state.
Explore the difference: What’s the Difference Between a Health Care Proxy and a Power of Attorney?
What it allows:
- Discussing treatment options with your doctors
- Making decisions about surgeries, medications, or palliative care
- Advocating for your care when you’re unable to do so
Tip: Talk openly with your proxy about your values, beliefs, and wishes. The more they know, the better they can advocate for you.
3. Living Will (Advance Directive)
While a health care proxy chooses who can speak for you, a Living Will spells out what you want.
This document outlines your preferences for life-sustaining treatment, such as mechanical ventilation, CPR, feeding tubes, and resuscitation. It’s especially important during end-of-life scenarios when decisions must be made quickly.
Having a living will relieves your loved ones from the burden of guessing—and reduces the risk of disagreement among family members.
Common instructions include:
- Whether you want life support if there’s no hope of recovery
- Use of feeding tubes or hydration
- Pain management and comfort measures
- Organ donation wishes
Tip: Pair this with your health care proxy for a complete plan. Some states combine both into one document called an advance health care directive.
4. Last Will and Testament
A Last Will and Testament ensures your belongings go where you want them to. It names:
- Who receives your assets
- Who serves as your executor
- Who becomes the guardian of minor children (if applicable)
Without a will, your estate will be divided based on your state’s intestacy laws—which may not align with your wishes. It could also create stress and conflict among surviving family members.
Even if you think you “don’t have much,” a will gives clarity and direction—and prevents the courts from deciding for you.
What to include in your will:
- Beneficiaries for assets (property, savings, heirlooms)
- Instructions for digital assets (social media, online accounts)
- Charitable bequests
- Guardianship for dependents or pets
Tip: Update your will after major life changes—marriage, divorce, a death in the family, or buying property.
5. HIPAA Release Form
Most people forget this small but powerful document. Under federal privacy laws, doctors can’t share your medical information—even with your spouse or children—without your permission.
A HIPAA Release Form gives your chosen agents (like your POA or health care proxy) legal access to your health information, test results, and care updates.
Why it matters:
- Prevents delays during emergencies
- Allows caregivers to communicate directly with healthcare providers
- Ensures family members stay informed
Tip: Give a copy of your signed HIPAA release to your doctors, hospital, and proxy. Keep another with your legal documents.
Conclusion: Peace of Mind Comes From Preparation
These five legal documents aren’t just pieces of paper—they’re tools that protect your independence, your wishes, and your loved ones.
Here’s a recap of what you need by age 65:
- Durable Power of Attorney – Financial decisions
- Health Care Proxy – Medical decision-making
- Living Will – Your end-of-life preferences
- Last Will and Testament – Distribution of assets
- HIPAA Release – Medical information access
Creating them while you’re healthy ensures your voice is heard—even if you can’t speak for yourself later.
