Turning 50 is a milestone. It’s a time when you start thinking about what comes next. You might be planning for retirement, helping your kids, or even caring for aging parents. But there’s one thing many people skip: getting their legal documents in order. Without the right paperwork, your wishes might not be followed, and your loved ones could face tough decisions. These documents aren’t just for the wealthy or the sick. They’re for anyone who wants peace of mind. Here are the 10 legal documents everyone over 50 should have—but most don’t.
1. Last Will and Testament
A will is the foundation of any estate plan. It outlines who will inherit your assets upon your death. Without a will, state laws decide who inherits your property, and it might not be who you want. A will also lets you name a guardian for minor children or dependents. Even if you think you don’t own much, a will can prevent family fights and confusion. Update your will as your life changes—marriage, divorce, new grandchildren, or a move to another state can all affect your wishes.
2. Durable Power of Attorney
A durable power of attorney lets someone you trust handle your finances if you can’t. This could be due to illness, injury, or even a long trip. Without this document, your family might have to go to court to get permission to pay your bills or manage your accounts. Choose someone responsible and review the document every few years. You can limit or expand their powers as you see fit.
3. Health Care Proxy (Medical Power of Attorney)
A health care proxy, also called a medical power of attorney, lets you pick someone to make medical decisions if you can’t speak for yourself. This is different from a financial power of attorney. Your health care proxy steps in if you’re unconscious or unable to communicate. Talk to the person you choose about your wishes. Make sure they’re willing to act on your behalf, even if it’s hard.
4. Living Will
A living will spells out what medical treatments you want—or don’t want—if you’re seriously ill or injured. This includes things like life support, feeding tubes, and resuscitation. Doctors and hospitals look to this document for guidance when you can’t speak for yourself. It takes the burden off your family and helps avoid arguments during stressful times.
5. HIPAA Authorization
HIPAA laws protect your medical privacy, but they can also make it hard for loved ones to get information about your health. A HIPAA authorization lets you name people who can talk to your doctors and access your medical records. Without it, even your spouse or adult children might be left in the dark. This document is simple but important, especially if you have a blended family or close friends you trust.
6. Beneficiary Designations
Some assets—like life insurance, retirement accounts, and bank accounts—let you name a beneficiary. These designations override your will. If you haven’t updated them in years, your money could go to an ex-spouse or someone you no longer want to benefit. Review your beneficiary forms every few years and after major life changes. This step is easy to overlook but can have big consequences.
7. Letter of Instruction
A letter of instruction isn’t a legal document, but it’s still valuable. It’s a simple letter to your loved ones with practical details: where to find your will, passwords, account numbers, and funeral wishes. This letter can save your family hours of stress and confusion. Keep it with your other important papers and update it as needed.
8. Revocable Living Trust
A revocable living trust lets you move assets out of your name and into the trust while you’re alive. You control the trust and can change it at any time. When you die, the assets go directly to your chosen beneficiaries, skipping probate. This can save time and money. Trusts are especially useful if you own property in more than one state or want to keep your affairs private. Learn more about living trusts at Nolo.
9. Advance Directive for Mental Health
Most people know about living wills for physical health, but mental health is often ignored. An advance directive for mental health lets you say what treatments you want if you have a mental health crisis. You can name someone to make decisions and outline your preferences for medication or hospitalization. This document is especially important if you have a history of mental illness or want to avoid certain treatments.
10. Digital Asset Inventory
We live online. Your digital life—email, social media, online banking—needs attention too. A digital asset inventory lists your accounts, passwords, and instructions for what should happen to them. Without this, your family might not even know what accounts you have, let alone how to access them. Some states now recognize digital estate laws, but it’s still a new area. Make a list, keep it secure, and update it often.
Planning Now Means Less Stress Later
Getting these legal documents in place isn’t just about you. It’s about making things easier for the people you care about. No one likes to think about getting sick or dying, but planning ahead means your wishes are clear and your family isn’t left guessing. Take the time now to get your paperwork in order. It’s one of the best gifts you can give your loved ones.
What legal documents have you found most helpful, or which ones do you still need to get? Share your thoughts in the comments.
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