For caregivers
Helping a parent: the paperwork, in the right order
Most families start this after a fall or a hospital stay, when it's hardest. The documents below only work if your parent signs them while they can still understand them, so the earlier the better.
1. The documents to sign while your parent can
| Paper | What it does | Signing in NJ |
|---|---|---|
| Durable power of attorney | Lets you handle their bank accounts, bills and property | Signed and acknowledged, which in practice means notarized (N.J.S.A. 46:2B-8.9) |
| Advance directive (health care proxy and living will) | Names who makes medical decisions and records their wishes | Two adult witnesses, or a notary; the person named can't be a witness (N.J.S.A. 26:2H-56) |
| HIPAA authorization | Lets doctors and insurers talk to you | Their signature. Federal rules don't require a notary or witness (HHS), though some providers use their own form |
| Will | Says who inherits and who is executor | Two witnesses; a notarized self-proving affidavit is optional (N.J.S.A. 3B:3-2) |
Have an elder law attorney draft or review these. A notary checks identity and willingness. A notary can't judge legal capacity, but will stop if your parent doesn't seem to understand what they're signing.
2. Social Security and other benefits
A power of attorney usually isn't enough for Social Security. The agency only lets someone manage benefits if it names them as representative payee, and it applies its own review. (Congressional Research Service) Veterans' benefits have a similar fiduciary process. Start these early; they take time.
3. Find everything before you need it
- Where the original will, deeds, titles, insurance policies and pension papers are.
- Every doctor, medication and pharmacy.
- Which bills are on autopay and which aren't, and where the money comes in.
- Who to call: their attorney, accountant, insurance agent and close friends.
Write down where things are kept, never the passwords or account numbers themselves.
4. If they're in the hospital or a nursing home
Ask the social worker or patient advocate early. They know the facility's rules for notaries and witnesses, and many staff aren't allowed to serve as witnesses. Bring your parent's photo ID. If it has expired or is missing, call us before the visit so we can tell you what will work.
We come to hospitals, rehab centers, nursing homes and homes across New Jersey. Hospital and nursing home visits · Estate planning notary
Social workers, elder law attorneys and care managers: work with us.
5. Keep their bills from slipping
Late fees and lapsed insurance are common in the first months of caregiving. A simple monthly calendar of what's due and from which account prevents most of it. If the finances are tangled, we also do monthly bookkeeping. Bookkeeping
Printable kit
Caregiver Bundle
The Family Emergency Binder, the Family Records Organizer and the Household Budget and Bill Calendar, together for less.
General information, checked November 2026. Not legal advice. MCC Solutions is not a law firm.
Questions
Can I sign a power of attorney for my parent?
No. Your parent signs it, naming you. If they can no longer understand it, a power of attorney can't be signed, and the family usually has to ask a court for guardianship instead. That's why it's worth doing early.
Does the notary decide whether my parent has capacity?
No. That's a legal and medical question. A notary checks identity and that the signer is acting willingly, and will decline if the signer clearly doesn't understand what they're signing.
Can a hospital nurse witness the advance directive?
Many hospitals don't let staff act as witnesses. Ask the social worker. A notary can be used instead of two witnesses in New Jersey.
Is a power of attorney enough for Social Security?
Usually not. Social Security names its own representative payee to manage benefits, after its own review.