top of page

Looking for Something Different?. 

Find posts related to the topic(s) you're interested in.

Crisis Moments in Caregiving: Legal Readiness and Emotional Support

Updated: Sep 16

Crisis Moments in Caregiving: Legal Readiness and Emotional Support

Caring for a loved one is a journey filled with both rewarding and challenging moments. Yet when a crisis arises, whether it is a sudden hospitalization, a financial emergency, challenges from rival siblings, or the difficult decision to transition to end-of-life care, caregivers are often thrust into high-pressure situations with little time to think. 


For Pennsylvania caregivers and their families, being legally prepared is critical. Without the proper documents, caregivers may be unable to act or make important decisions in an emergency. They may struggle to obtain financial information or pay bills.   

 

Becoming a caregiver brings emotional challenges.  Changing the dynamic of your relationship from a parent/child or spousal partnership to something that feels less balanced can cause emotional struggle and confusion.  Especially for spouses who become caregivers, this transition is well-documented to be a difficult one: it comes with feelings of both relief and grief, which is a confusing juxtaposition. You may grieve the nature of the relationship before providing care, while simultaneously feeling grateful that you can be there and help fulfill their needs.  That is why a combination of legal readiness and emotional support resources is essential for navigating crisis moments. 


Common Caregiving Crises 


No two caregiving journeys are the same, but many families experience similar moments of crisis. Some of the most common include: 

 

Medical Health Emergencies 

  • A sudden health event such as a heart attack or stroke, hospitalization, surgery, or a rapid decline in health. 

  • Knowing who is authorized to make medical decisions for your loved one. 


Financial Disruptions 

  • Needing to access to your loved one’s accounts to cover medical costs, pay bills, or manage unexpected expenses. 

  • Knowing where your loved one has their accounts and who to call for assistance. 


End-of-Life Decisions 

  • Making choices about life support, hospice, or funeral arrangements. 


Transitions in Care 

  • Making a decision to move your loved one from their home. 

  • Learning about the various options for care and how they are all paid for can be bewildering. 

  • Moving a loved one from their home into your home, to assisted living, long-term care. 

 

These situations are stressful, but legal preparation can reduce confusion and prevent costly court involvement. 


Legal Documents That Empower Caregivers in Pennsylvania 


In Pennsylvania, specific legal documents and arrangements determine what actions caregivers can take during a crisis. Each tool comes with its own powers and responsibilities: 

 

Healthcare Power of Attorney & Advance Directives 

 

  • What it does: Appoints someone (the “agent”) to make healthcare decisions if the loved one becomes unable to speak for themselves. Advance directives, sometimes called living wills, spell out the person’s wishes about end-of-life healthcare.  It’s important to clearly identify who has authority to make decisions, especially for a parent of multiple children or an unmarried person with no children.   

 

  • Caregiver powers & responsibilities: The agent may consent to or refuse medical treatments, choose doctors, and arrange hospital or nursing care. They must act in line with the loved one’s expressed wishes and best interests. 

 

Financial Power of Attorney 

 

  • What it does: Grants authority to manage finances, pay bills, access accounts, and handle property. Financial institutions will not give you information about someone else’s account unless you can present a a legal document authorizing access to the information.  Pennsylvania’s Power of Attorney law requires specific language to be valid. 

 

  • Caregiver powers & responsibilities: The agent may write checks, manage investments, or handle insurance claims. They have a fiduciary duty to keep records, avoid conflicts of interest, and act solely for the benefit of the person they represent. 

 

Revocable (Living) Trusts 

 

  • What it does: Allows a family to title assets in the name of a trust managed by a trustee. If the trust creator becomes incapacitated, the successor trustee steps in without court involvement.   

 

  • Caregiver powers & responsibilities: The trustee must manage assets responsibly, pay bills, and use resources for the beneficiary’s care. They are legally accountable to follow the trust terms and act prudently. 

 

 

Guardianship or Conservatorship 

 

  • What it does: If no power of attorney exists, caregivers may need to petition the Pennsylvania Orphans’ Court for guardianship and appoint them as a loved one’s guardian. This is a time-consuming and expensive process that can be avoided with a power of attorney or revocable trust.  It can also be traumatic and confusing to your loved one.  If granted, this gives authority to make healthcare, living, and sometimes financial decisions under court supervision. 

 

  • Caregiver powers & responsibilities: A guardian must file reports with the court and may need approval for certain financial decisions. Their duty is to always act in the ward’s best interests. 

 

Joint Bank Accounts or Authorized Signer Access 

 

  • What it does: Allows a caregiver to pay bills or withdraw money immediately. It is often used when a loved one wants to give quick access to funds without formal documents.  Caution: making a caregiver a joint account holder gives them ownership over the assets and rights to the money in the account after the care recipient dies, even if that is inconsistent with a will.  This is a common misunderstanding.  

 

  • Caregiver powers & responsibilities: The caregiver can access funds, but this authority comes with risks — such as exposing funds to the caregiver’s creditors or complicating inheritance when the loved one passes. Care must be taken to keep spending clear and appropriate. 

 

HIPAA Releases 

 

  • What it does: Authorizes medical providers to share protected health information with the caregiver. Without it, even close family members may be denied access. 

 

  • Caregiver powers & responsibilities: The caregiver may receive test results, speak directly with doctors, and help coordinate care. They must respect the loved one’s privacy and use the information only to support their care. 

 

Each of these tools can provide peace of mind in a crisis, but only if they are properly prepared and up to date under Pennsylvania law. 


Support Groups, Counseling Services, & Phone Check-Ins 


Even with strong legal preparation, crises can take an emotional toll. That is why caregivers should also build a support system. 

 

In Pennsylvania, Hope Grows, a nonprofit organization provides resources to support caregivers:  


 

Email intake@hopegrows.org if you'd like to be put on the reminder list for our monthly support groups. You can contact them to receive monthly check-ins or counseling services for caregiving concerns, grief, and loss. 

 

Crises are an inevitable part of caregiving, but Pennsylvania families can prepare both legally and emotionally. By planning ahead, caregivers in Pennsylvania can protect their loved ones, reduce stress in crisis situations, and focus on what truly matters: being present when they are needed most. 

 

If you are a caregiver in Pennsylvania and want to ensure you are legally prepared for caregiving crises, contact Fiffik Law Group today. Our experienced attorneys can help you establish the right powers of attorney, guardianships, revocable (living) trusts, and other estate planning documents to provide peace of mind and protect both you and your loved ones. 

bottom of page