Estate Planning When a Loved One Needs Hospice Care

When someone you love enters hospice, your world can narrow quickly. You are trying to be present, to help them feel safe, and to make the most of the time you still have. And in the middle of all that, a practical worry often shows up, sometimes quietly, sometimes like a wave: “Are we prepared?”

Many families only realize estate planning was never done when a parent moves into hospice. Whether any last-minute planning is possible depends on your loved one’s condition. 

If your loved one cannot speak for themselves and there is no Power of Attorney in place, last-minute planning may no longer be an option, and the path forward can become much more complicated. 

If they can still communicate their wishes, there may be time to take a few meaningful steps that can make things easier for everyone who will be left to handle details later. 

Either way, one thing matters most right now: talk with an experienced estate planning attorney as soon as you can. 

1) Create or update the will

If there is no will, creating one now can prevent confusion later. If a will already exists, review it and update it if needed. This is also a gentle opportunity to communicate wishes with family members so misunderstandings do not grow in the weeks ahead. 

2) Double-check beneficiary designations

Some assets pass by beneficiary form, not by will. Review and update beneficiaries for bank accounts, retirement accounts, life insurance policies, and any trusts. Outdated beneficiaries can create real pain later, even when everyone’s intentions are good. 

3) Consider a revocable living trust, if time allows

If your loved one is able and time permits, a revocable living trust may help certain assets avoid probate and make the estate easier to manage. This is not always realistic at the hospice stage, but it can be worth a quick conversation with counsel. 

4) Put the right decision-makers in place

Two documents matter urgently here:

  • Power of Attorney, for financial decisions

  • Healthcare Proxy, for medical decisions

These let your loved one choose someone they trust to act on their behalf. 

5) If there are minor children, name a guardian

If your loved one has minor children, the will should name a guardian. Many people have already thought through who they would want to step in, but it needs to be written into the will to protect the children and reduce uncertainty. 

6) Pull together an “emergency document kit”

In grief, even simple paperwork can feel impossible. A document kit can be a gift to the family left behind. Include a list of assets, passwords, insurance policies, and contact information for the estate planning attorney, CPA, and financial advisor. Keep it secure, but accessible to the person who will need it. 

7) Don’t forget digital life

Make a list of digital assets: logins, passwords, and what each account is. Add instructions for what should happen to email, social media, and online accounts. Some platforms allow “legacy contacts,” which can help families memorialize or close accounts later. 

8) Talk about the decisions that bring peace

The legal steps matter, but so do the human conversations. Wishes about end-of-life care are more important than ever right now. Does your loved one want to be kept alive by artificial means, or is comfort and pain management the priority? If possible, have these conversations in a supportive, loving way. A hospice counselor or death doula can help guide the discussion if it feels overwhelming. 

You are not alone

Ideally, estate planning happens long before hospice becomes necessary. But if you are reading this in the middle of it, you are not alone, and you are not too late to take meaningful action. Even a few clear steps, taken with the right guidance, can protect your loved one’s wishes and reduce stress for the people they love.