Archive for ‘Legal’ Category
How to Create Your Apple & Google Legacy Contacts
RECAPPING DIGITAL SOCIAL LEGACY ACTIVITY
Last week, in Paper Doll Explains Digital Social Legacy Account Management, we talked about the importance of your digital social legacy, and all the social, emotional, financial, and other reasons why you might want to set an official legacy contact or make sure your digital executor (or digital heir, representative, or designee) can access your digital content and preserve your legacy.
We also saw that most social media platforms have disappointing digital social legacy management tools. Facebook has an official legacy contact, but the instructions are out of date and wonky. Facebook owns Instagram, but there’s no Instagram legacy contact option.
Further, even though Facebook and Instagram, as well as LinkedIn (which also has no legacy contact) will allow you to memorialize your account, only Facebook allows you to name someone to access your data, share it with your family, or preserve your content anywhere other than on the social media platform. And Twitter (X) and TikTok don’t have any policies for memorialization.
Basically, with the exception of Facebook, unless you provide your login credentials to a loved one (which may be considered a violation of terms of service on some platforms, like LinkedIn), there’s no completely kosher way to ensure that your digital social legacy is preserved.
Luckily, Apple and Google are far more prepared to help you and your loved ones secure your digital legacy. Today’s post provides the lowdown on what you need to do to lock everything down now so that your preferred designee can access and distribute your digital assets the way you want.
Designating Your Digital Legacy Contact
Last week, we looked at your best bets for putting your digital legacy in the good hands of your digital executor (or digital heir, representative, or designee). I wrote:
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- Whom do you trust to carry out your wishes, or anticipate your preferences if you leave no instructions?
- With whom will you still be in close contact by the time a digital social legacy has to be managed?
- To whom are you comfortable giving access to private conversations?
- Which of your friends is likely to stay current enough with technology to be able to handle your digital legacy?
So, yes, you have to trust that the person you pick will follow your wishes, just as a traditional executor of a will. By the time of your demise, you’ll still want them to be close to you.
Whereas social media content is already pretty public to begin with, your digital executor must be someone in whom you’re secure granting access to your whole portfolio of digital assets. Things get much more complicated when we’re also considering your photos, emails, text messages, documents, apps and pretty much anything you access by using your Apple ID or Google credentials (including any small business venture you run)
Finally, with regard to last week’s criteria, your pick has to have more specific technological savvy. If your digital executor has lived in a 100% Android world, will they find it frustrating to amble through your all-Apple neighborhood? On the other side, while most people have some experience with Google products, Apple folks may get stuck on Android mobile quirks.
Technology Confusion via GIPHY
CREATE AN APPLE LEGACY CONTACT
Simply put, an Apple Legacy Contact is the person you designate to have official access to your Apple ID/account after your death. This is not merely someone having your login credentials. Rather, it’s a secure method for giving your trusted contact access to the data stored in your Apple account once you’ve passed away.
Remember, your data covers more than pictures and notes; it’s literally everything associated with your Apple ID, from the content of your cloud accounts to backups and current materials on your Apple devices, whether via iOS, MacOS, or iPadOS.
Prepare to Add Your Apple Legacy Contact
My foregoing suggestions notwithstanding, your Apple Legacy Contact can be (almost) anyone you want. They don’t have to own an Apple device! They don’t even have to have their own Apple ID. (Though they will be assigned a special one later, but not until you make your untimely departure.)
However, your Legacy Contact does have to be at least 13 years old in North America. (Other nations have different age requirements, the same as those for being able to create an Apple account, ranging from 14-16).
In addition to picking your Legacy Contact, you’ll need to make sure that you:
- Are signed into an Apple device (running at least either iOS 15.2, iPadOS 15.2, or macOS Monterey 12.1) with your Apple ID.
- Have enabled and turned on two-factor authentication for your Apple ID.
How to Add Your Apple Legacy Contact
Now that you’re properly logged in, set up your Apple Legacy Contact using the following methods, depending on what kind of device you’re using.
On a Mac:
- Click on the Apple menu in the upper left corner of your screen and select System Preferences. Click on your Apple ID.
- Click on Password & Security and select Legacy Contact.
- Click Add Legacy Contact and follow the prompts.
Be ready to authenticate your access with Touch ID (finger on your keyboard) or by entering your Mac login password.
On iPhones and iPads:
- Go to the Settings app and tap on your name. (You’ll likely see your face to the left of your name, “Apple ID, iCloud+, Media & Purchases” just below your name, and “>” to the right of your name.)
- Tap Password & Security. On the resulting screen, scroll down almost to the end and tap Legacy Contact.
- Tap Add Legacy Contact. After a resulting info page, you’ll be taken to your mobile device’s contact page. Just tap the preferred contact’s name.
Be prepared to authenticate with Face ID, Touch ID, or passcode for your device.
If you’ve ever used this process before to set up a Legacy Contact, once you get to step 2 (on any device), you’ll see the name/face for the person you’ve already selected. At that point, in step 3, you can add an additional Legacy Contact (you can have two or more) or tap on the name/face of your current Legacy Contact to see more info.
If you’ve just set up Taylor Swift as your Legacy Contact for the first time, or even if she was already there, the resulting page will say:
Legacy Contact:
Taylor Swift can inherit your data and use your Apple devices after you have passed away. To request access to your account, Taylor will need to provide the access key shared by you and a copy of your death certificate.
Then you’ll see two options:
- View Access Key — This will give you a screen entitled “Legacy Contact Access Key” with a QR code and a multi-line series of letters and numbers. The screen has an option to print a copy for your records or your contact. (See below for informating your Legacy Contact.)
- Remove Contact — If you click this, the contact will be removed.
If you want to remove a contact (for example, if you get a divorce from your former contact, or you have a “bad bestie breakup” with Taylor), be sure to assign a new Legacy Contact.
No matter which device you use, Apple will send you an email confirmation when a Legacy Contact is added or removed.
Inform Your Legacy Contact
The next step is to let your Legacy Contact know what’s up. (Most people would not consider this assignment a fun surprise after they’ve lost someone as dear as you!)
Print a paper copy to keep with your estate papers and/or will (perhaps in your safe deposit box) if the executor of your will and your Legacy Contact are the same person.
Alternatively, consider creating a PDF to keep on a secure flash drive with other instructions for your Legacy Contact. I gave a digital copy to my Appple Legacy Contact, but you might want to arrange for delivery only after your demise.
Upon creating your Legacy Contact, Apple gives you the option to print the access key or send a message. However, to send the access key via Apple Messages, your contact has to be using at least iOS 15.2, iPadOS 15.2, or macOS Monterey 12.1 or later. If they accept responsibility, their device will automatically store a copy of the access key in their Apple ID settings. Conversely, if they decline your Legacy Contact request, you’ll be notified that they noped out and you’ll be able to choose someone else.
If your Legacy Contact is using older versions of the Apple software, they’ll be prompted to update and then you can use the send a message option.
If they don’t use Apple devices at all, your only option is to give them the printed version or PDF of the access key.
What Your Apple Legacy Contact Needs to Do
Sometime, long (long, long) in the future, you will eventually pass away peacefully in your sleep. At a respectful point after that, your Apple Legacy contact will need to file an access request. They’ll need:
- A copy of your death certificate. Because of this, you’ll want to make sure your Apple Legacy Contact is, if not also the executor of your will, then someone who has at least an amicable relationship with them. (In other words, if your bestie is otherwise ideal as your Apple Legacy Contact but can’t be in the same room as your spouse or executor without everyone resorting to fisticuffs, it will likely be hard for them to access a copy of your death certificate and set things in motion.
- The Apple access key (paper or digital) you generated when you chose them as your official Apple Legacy Contact.
If they accepted the role as Legacy Contact when you shared it digitally, it’s listed under their own Apple ID. They’ll follow the same prompts as above for creating a Legacy Contact, but once they get to the Legacy Contact screen, they’ll see your name/face and will be able to tap to get further details, view the access key, and start an access request.
Your Apple Legacy Contact will use the access key to request access. Apple will review the request, verify all of the information, and (assuming everything is A-OK) give them access to your Apple account data.
“How?” you wonder?
Your Legacy Contact will be granted a special Apple ID (separate from your own Apple ID and theirs) that they must set up to access your account. Note: your own Apple ID and password combination won’t work anymore.
Your Apple Legacy Contact will only have access to your data for three years from when the legacy account request is approved. Whether they start accessing the account right away or not until months or years later, the approval date starts the three-year clock! After three years, your Apple account will be permanently deleted.
What Can Your Apple Legacy Contact Access?
First, be aware that if you have have more than one Legacy Contact, any one of them can independently access your account, make decisions about your data, and even permanently delete data (before the three-year mark when Apple will do it). So think critically before assigning two or more Legacy Contacts.
What what can your Apple Legacy Contact access? Just about anything stored in iCloud or a device’s iCloud backup. You can’t pick and choose and say your Legacy Contact can see your documents but not your photos, or can see your emails but not your text messages. Accessible data may include iCloud Photos, Apple Mail (but not non-Apple Mail platforms stored only in third-party sites, like Microsoft 365), and notes, contacts, calendars, and reminders.
They may also be able to access any iMessages backed up to iCloud, iPhone call history, files in iCloud Drive, Health Data app data, Voice Memos recordings, and your Safari bookmarks and reading list — not that you have anything embarrassing in there — as well as anything on your devices that you’ve secured in iCloud Backup, like App Store apps and all the content (photos, videos, documents, etc.) stored on your device.
However, your Legacy Contact can’t access any of your payment info on purchases made through Apple Pay or cards saved under your Apple ID, nor any of your in-app purchases. They also can’t get into Keychain to access Safari-based or Wi-Fi user names and passwords, internet accounts, or credit card numbers and expiration dates. If you want them to be able to see that information, provide it separately, outside of Apple channels.
For more, visit Apple’s Data That a Legacy Contact Can Access page.
CREATE A GOOGLE INACTIVE ACCOUNT MANAGER
While Google does not have a legacy contact, per se, it does allow you to designate an Inactive Account Manager. This lets you to grant your loved ones access your accounts and data once the accounts (and presumably, you) become “inactive.”
The Inactive Account Manager ensures that if you cease using your accounts for an extended period of time, there is a way for your digital heirs or others to prompt you to be active (if that’s physically, or metaphysically, possible) or to enable them to access accounts and data on your behalf.
(Somehow, Sleeping Beauty‘s inactivity seems more palatable than thing about a more permanent version.)
What Does Inactive Really Mean (to Google)?
You may have received an email from the Google Accounts Team this weekend. It said that as part of their efforts to protect data:
…We are updating the inactivity period for a Google Account to two years across all our products and services. This change starts rolling out today and will apply to any Google Account that’s been inactive, meaning it has not been signed into or used within a two-year period. An inactive account and any content in it will be eligible for deletion from December 1, 2023.
(…)
If your account is considered inactive, we will send several reminder emails to both you and your recovery emails (if any have been provided) before we take any action or delete any account content. These reminder emails will go out at least 8 months before any action is taken on your account.
After a Google Account is deleted, the Gmail address for the deleted account cannot be used again when creating a new Google Account.
To keep your Google accounts active, the letter pointed out that you can do anything from reading and sending an email (in Gmail), using Google Drive, watching YouTube videos while logged in, “checking in” on Android, downloading an app to an Android device, and more, as specified in their Inactive Google Account Policy.
The letter points out that you can download your data using Google Takeout, and plan for your inactivity (including any Divine Google Inactivity in the Great Beyond) by setting up the Inactive Account Manager.
Obviously, if you’re alive and kicking, you want to check into your Google accounts often enough in a two-year period that all of your account roots and tendrils won’t be pruned away. Google says it will send periodic emails to your account and any recovery email you have set up.
However, we have no way of knowing how good the Wi-Fi is in the Great Beyond, so if you want your loved ones to have access to the data in your accounts before Google deletes it, setting up your Inactive Account Manager is a wise next step.
Set Up Your Google Inactive Account Manager
Google’s going to consider you inactive after two years of inactivity, but you won’t want to cut it that closely. Choose a deadline for when the company should consider your account inactive enough — for example, after three months or 12 months of inactivity — to give your Inactive Account Manager a yoohoo. If you pass away and no longer use the account, that timeline will be triggered.
When you set up the Inactive Account Manager, you can choose to either share your data with someone or delete your account once the deadline has passed. You can also choose to share different data with different people. (So, Taylor Swift can access all YourTube videos for your family and write tribute songs based on them; meanwhile, you can designate America’s Dad, Tom Hanks, to safely review your Gmail and Google Drive.)
- Log into your Google account.
- Go to your Inactive Account Manager page. It’s initially very sparse, with some boilerplate language.
- Click Start.
Google will walk you through a series of prompts:
- State how long Google should wait (3, 6, 12, or 18 months) before considering your account as inactive and notifying your Inactive Account Manager. (Tom Hanks loves you, but he’s a busy guy, so let’s not bother him with false starts.)
- Provide and confirm your own contact information: phone number, Google email address, and a recovery email address.
- Identify whom should be notified and which of your content can be shared with them if you do not respond to attempts to contact you. You can select up to 10 people! For each, you provide an email address and select from a long list of sharable Google-related data (calendars, contacts, Google Drive, Gmail, YouTube, etc.). You can click “Select all,” “Select None,” or specific items.
- Confirm the person(s) to be notified, and (if you wish) add a personal message that will be sent to them only after your account has been inactive for the period of time you’ve designated.
- Create an optional autoreply message to go to anyone who sends you an email at your Gmail account after you’ve been “inactive.” (Be kind. Don’t freak people out after you’re gone.)
Revise or turn off your inactivity plan at any time.
Your Inactive Account Manager will have 3 months from the time you “go inactive” to download a copy of any data that you selected from your Google account. After three months, Google will delete your account and its activity and data.
Note: if you never set up the inactive Account Manager, your digital heirs will still be able to submit a request to access or close the account. However, they’d have to go through the same onerous (and unofficial) process we discussed last week when talking about closing social media accounts: providing photo ID, sharing a death certificate, and otherwise proving authorization.
RESOURCES FOR MANAGING YOUR DIGITAL ACCOUNT LEGACIES
There are only so many issues that can be covered across two posts regarding how to handle digital legacies. You may want to review the following resources to help you develop your digital estate plan, whether involving major operating system platforms or social media accounts.
Creating Your Digital Estate Plan (Kindle) by my esteemed veteran professional organizing colleague Judith Kolberg — Judith’s books are chock-full of wise advice and clarifying narratives. This book will guide you through the essentials of setting up a plan to make sure your digital estate and legacy is handled as you want.
Paper Doll Explains Digital Social Legacy Account Management
ANTICIPATE THE FUTURE
An essential part of organizing your paper and information involves thinking wisely about the future. It requires anticipating what might (or will) happen and taking precautions to make things less problematic when the possible, probable, or guaranteed happens. This is why so many Paper Doll posts deal with organizing your information to pay your taxes or cope with illnesses or prepare for the worst-case scenario.
Because we don’t know when we might get ill, or be unable to handle our financial affairs, or shuffle off this mortal coil, there are documents and actions for ensuring that others will be able to take care of what’s necessary. Some essential posts from the Paper Doll vault for accomplishing these tasks include:
How to Create, Organize, and Safeguard 5 Essential Legal and Estate Documents
The Professor and Mary Ann: 8 Other Essential Documents You Need To Create
Paper Doll’s 10-Minute Tasks to Make Difficult Moments Easier
Paper Doll’s Ultimate Guide to Getting a Document Notarized
A New VIP: A Form You Didn’t Know You Needed
Cross-Training for Families: Organize for All Eventualities
In most cases, attention is focused on tangible, paper documents. However, there are some key digital precautions that everyone should take.
HOW TO SECURE YOUR DIGITAL SOCIAL LEGACY
Until the last few decades, digital assets weren’t a matter for much concern beyond ensuring that your loved ones could access your computer. Thirty years ago, most people did not even have email. It was 1995 before Wells Fargo was one of the first financial institutions to offer online banking, and most people have only needed online credentials for their most important financial accounts in the last 15-20 years.
But then there’s social media. It’s hard for younger people to believe, but Friendster, one of the first social media platforms, didn’t start until 2002. MySpace followed in 2003, and Facebook launched in 2004, but only to college students. Personally, I started on Twitter and Facebook in 2008, and platforms like Instagram and TikTok are still in their relative infancy. (Of course, each social media platform is generally taken up by younger people before its popularity spreads.)
So, it’s understandable that, unlike making sure your loved ones or executor of your will can access your checking and investment accounts to deal with your financial legacy, most individuals have spent little time thinking about handling digital social legacies.
Perhaps you’re thinking you’ll just abandon your accounts, leaving a digital ghost town. You’ll be gone, so who cares? Right? Wrong.
First, social media accounts are always ripe for hacking; you don’t want your account and image taken over by ne’er-do-wells who might prey on unsuspecting friends or followers by faking your identity. Second, social media accounts contain a wide variety of personal information, personal and family history, and photos, things that you want your loved ones to be able to control.
If you operate a business, your social media accounts for your company are almost certainly tied to your personal accounts. (For example, you can’t have a business page on Facebook without first having a personal profile.) This means that the continuity of your company’s marketing is dependent upon control over your own social media.
And finally, there’s a personal legacy to consider. You might want to keep your accounts up, as is, after you depart for all eternity (or at least until a megalomaniacal billionaire destroys your favorite platform). But you might prefer to have it taken down so that links to it cannot be used to harm your good name or be engaged in unseemly online activity. It’s tricky.
However, none of your wishes can be followed if your loved ones lack control over your social media platforms. To that end, let’s look at how you can ensure your digital social legacy is secure.
Put Your Legacy in Good Hands
Before you consider the what, you need to select the who, in terms of whom do you want to put in charge of your digital social legacy? This may or may not be the same person to whom you’d give your Power of Attorney or have as the executor of your will or designate to be guardian of your children.
Whether you call them your digital executor, digital heir, representative, or designee, you need to ask yourself:
- Whom do you trust to carry out your wishes, or anticipate your preferences if you leave no instructions? What you think you’d want in 2023 may not include things that will be unimaginable until 2043.
- With whom will you still be in close contact by the time a digital social legacy has to be managed? It’s hard to believe, but your bestie from college may be someone you haven’t spoken to in a decade by the time you are in your 40’s. One of your closest friends in your 60’s may, sadly, not be in the world (let alone your world) when you’re all in your 80’s.
- To whom are you comfortable giving access to private conversations? You haven’t necessary said or done anything in your Twitter DMs or Facebook chats that would bring shame on your family, but maybe you went through a period where you said unkind things about your ex-spouse or had some spicy conversations? You might not want your current significant other or adult children to read everything in your private social media inbox.
- Which of your friends is likely to stay current enough with technology to be able to handle your digital legacy? Your BFF may meet all the above criteria but not know a QR code from Krispy Kreme, or two-factor authentication from two-for-one taco night. Digital skills matter.
Inventory Your Digital Social Assets
Make an inventory of your social media assets. I’ve previously written about having a general digital asset inventory. Obviously, you’ll make sure the executor of your will has access to all of your financial assets (accounts for banks, brokerage houses, etc.), and next week’s post will look at a wider array of digital assets related to your personal and professional life.
For this, you’ll need organized list or spreadsheet of all of your social media platforms indicating:
- The name of the platform (Facebook, TikTok, Instagram, etc.)
- The locations where you access it (phone, computer, tablet, etc.)
- Your screen name
- Your login credentials* or the location where you keep them
* Your login credentials should change frequently, which means you may need to update this information often. Rather than keeping your logins on paper or an unlocked spreadsheet, see if your digital password manager offers emergency account access. This allows you to set access for an individual’s email address if something happens to you.
They can put in their credentials (as set by you), and you’ll be notified by email that they made an access attempt. If you’re still around, you’ll say, “Eeek! Why is the lothario I met on a cruise and married three days later trying to access my digital password manager?! I’m shutting this down and calling my attorney!” But if you take no action — because action is no longer something of which you’re capable — then they’ll gain access and be able to oversee handling/dismantling your accounts.
Once you figure out who is going to handle your digital social legacy, and have arranged for them to know where your accounts exist, there are different protocols for each platform.
Facebook Digital Legacy
One of the good things Mark Zuckerberg and company did was establish the idea of creating a Facebook legacy contact. Your legacy contact can be assigned to manage your main profile after you pass away, assuming the page has been memorialized. (You should set your memorialization preferences in your account. Anyone can request that a page be memorialized. If a request is put in, Facebook goes through a process of verifying that the person has passed away.)
A few notes: first, legacy contacts only apply to your main Facebook profile. Second, profiles don’t have to be memorialized. You can choose to have your profile deleted after you’re gone. Finally, if your legacy contact somehow doesn’t know you’ve passed but someone else requests that Facebook memorializes your account, your legacy contact will be notified by email and be able to set the rest of the process in motion.
Legacy contacts can’t actually log into your account, and thus can’t read any of your messages. They also can’t remove any of your friends or make new friend requests. A Facebook legacy contact isn’t pretending to be you, just managing your account on your behalf.
What can your Facebook legacy contact do?
- Download a copy of what you’ve shared on Facebook, assuming you’ve turned this feature on. This is a nice way to create an archive of your digital life to pass down through your family, and guarantees access to photos and information even if Facebook eventually ceases to exist. (Note, if your digital designee is just logging in with your credentials, they can also download your archive, as just you can do at any time.)
- Write a pinned post for your profile. This might be used to inform others that you’ve passed, share a final message, provide details about a memorial service, or otherwise speak to issues related to your legacy.
- Update the cover photo and profile picture for your account. Consider discussing this, in advance, with your legacy contact or revisit this issue every few years, leaving instructions in a digital will where you might have a digital executor handle such things.
- Request the removal of your Facebook account after a memorial period.
Also, be aware that your legacy contact can view all of your posts, even if you’ve ever created a post with the privacy set to Only Me. (I suspect most people are less likely to have “Only Me” posts where secret, private stuff exists. I mean, who would bother posting that to Facebook only to hide it? I assume most people use Only Me posts to draft posts, then forget to change the privacy setting. No? Just me?)
To add a legacy contact to your main Facebook profile, you can try to follow the official instructions here. There are instructions for whether you’re using a computer browser, iPhone app, or Android app, and there’s a “More” dropdown for help with the iPad app, mobile browsers, or Facebook “Lite.” The variety is the good news. The bad news? They’re out of date.
Unfortunately, when I painstakingly followed Facebook’s instructions for the computer browser (so I could verify them for you), I found that the settings Facebook said would be visible were not. Blerg.
I selected Settings & Privacy, then clicked Settings, and then was supposed to see General Profile Settings, from which I was to locate Memorialization Settings. But I never saw General Profile Settings, and none of the options I clicked yielded anything that looked like that. Ugh!
Sooooo, I followed the iPhone settings, and they were also not exact. However, I was able to noodle my way to what I needed, so I’m going to give you my own directions for using the iOS app to set your memorialization and legacy contact settings (and hope maybe Facebook’s Android directions are correct).
- Click on your face/avatar on the bottom right of the iOS Facebook app.
- Scroll down to Settings & Privacy and then tap on Settings.
- You’ll see the logo for Meta (Facebook’s parent company) and then Accounts Center. The first option is “Personal details.” Tap that. Weirdly, this will open the actual Accounts Center on a fresh screen.
- Scroll down to Personal Details (yes, again), and on the resulting page, click on Account Ownership and Control.
- You will see “Memorialization” or “Deactivation or Deletion” as options. Select Memorialization. On the resulting page, you should be able to select Memorialization and your legacy contact. I’d set mine years ago, so my only options were to delete or change what I’d already created.
It’s frustrating that Facebook doesn’t make this easier, and more frustrating that their instruction pages fail to keep pace with their platform changes. Imagine how much more frustrating it would be if you waited decades and tried to deal with this while in poor health or declining cognitive capacity!
Twitter (X) Digital Legacy
Twitter has become X (but almost nobody is actually calling it that); the documentation still says Twitter. And, unfortunately, Twitter/X does not have a formal legacy contact. Instead, your digital executor or representative will have to contact Twitter directly to delete your account. (Twitter does not have memorialized accounts.)
Twitter/X is very clear that, “We are unable to provide account access to anyone regardless of their relationship to the deceased.” So, if you don’t provide login credentials for your account to your loved ones, they will not be able to archive your posts. If there’s any chance that your family will want to archive the content of your account, they should follow these steps:
- On your Twitter/X account page, navigate to settings. (In the browser, click on “More” at the bottom of the left-side column, and Settings & Support will be your last option. In iOS, click on your face/avatar, scroll down, and Settings & Support will be the last option.)
- Click on Settings and Privacy.
- Click on Your Account.
- Click on Download an Archive of Your Data. You may have to re-confirm your password or send a code shared to you by email or text.
Note: if your designee has access to your account credentials to do all of the above, they can also follow steps 1-3 above and then select Deactivate Your Account.
To close your Twitter/X account (without access to login credentials), someone will need to submit a request for the removal of a deceased user’s account.
They’ll need to go to the Twitter deactivation page and select “I need help deactivating and account owned by a person who is incapacitated, or deceased” and then select “The owner of the account is deceased.” They’ll then fill in the remainder of the form with their name and contact information, relationship to you (the account owner), and the Twitter account name.
Allegedly (because we’ve all heard stories about how things are going at Twitter/X these days), your designee will be emailed instructions for providing more details, including information about themselves (including proof of identification) and a copy of the death certificate, in order to process deletion of the account.
Instagram Digital Legacy
Instagram is a Facebook-owned platform, so you have the same options as with Facebook, to have your account memorialized or deleted after you pass away.
Mystifyingly, however, Instagram does not allow you to make your selections while you are still living! Rather, to have your Instagram account memorialized or removed, if your designees does not have access to your login credentials, they’ll have to follow a similar process to Twitter’s and furnish proof that they are your verified representative and that you have passed on.
This page explains how to request memorializing an Instagram account. They will start by filling out this Instagram form for memorialization or this form for deletion and provide information about themselves and the deceased, including uploading a copy of a death certificate.
As with other platforms, if your designee has access to your login credentials, they can log in as you to download and archive your entire account for posterity. Of course, as with most social accounts, you can do this periodically on your own. I don’t really use Instagram, so my entire account activity is visible on one screen.
TikTok Digital Legacy
If you only use TikTok as a source of viewable entertainment, you may not care what happens with your account. Still, I’d advise you to have your digital executor log in with your credentials and close your account via these steps:
- Tap your Profile icon at the bottom right of the screen.
- Now tap the three horizontal lines (sometimes colloquially called the hamburger) at the top right of the screen.
- Select Settings and Privacy.
- Select Account. (The official instructions say to tap “Manage Your Account” but that appears to be an outdated choice.)
- Select Deactivate or Delete Your Account and confirm your selection.
On that same account screen, the next option down lets you choose Download Your Data; they’ll get an archive of your profile, activity, and app settings. However, the format options are TXT (human-readable) or JSON (machine-readable) files, so your loved ones will be able to see random comments you made, but not the cute videos you watched.
If you are a TikTok creator, note that there are no memorialization options. Your digital legacy contact can (as described above) act as you, with your credentials. It’s not uncommon to see someone’s parent or spouse appear on TikTok, explaining that the account holder has passed away. However, without access to those credentials, there’s no way to alert someone’s TikTok followers and fans that they are gone.
This is problematic because many TikTok creators use their accounts to earn money. Left unattended, an account (and the resultant earnings) could be hacked, and imposters could use the account to scam followers. To prevent this, and to ensure any monetization of existing videos is protected, this is one account where making sure your loved ones have your credentials and can access your account may protect not only your creative legacy, but your financial one as well.
LinkedIn Legacy Contact
Perhaps because LinkedIn is designed for professionals, you’d expect that more thought would be put into protecting account-holders’ legacies. I was disappointed, however, to find out that LinkedIn does not allow you to set a legacy contact in advance, nor can you arrange for page memorialization for yourself.
(This is LinkedIn’s official example of a memorialized account. Research indicates, and I hope, that this is not an actual person’s memorialized account.)
Your designee can contact LinkedIn, however, to arrange to memorialize your profile or close it. For either option, they must fill in a form verifying their standing to act on your behalf and providing proof of your passing.
It’s important to note that unlike (for example) Facebook’s memorialization practice, a legacy contact or representative can’t add a tribute or post explaining what has transpired. Instead, LinkedIn locks the account.
Still, there are significant benefits to LinkedIn’s memorialization process. They place a memorialization badge on the profile page as a symbol of remembrance. They also cancel all LinkedIn products (except Apple-related subscriptions), terminate connections to third-party services and close mobile and desktop sessions (so nobody can sneak into the deceased’s office or home computer to access account information).
LinkedIn also stops sending notifications to the decedent (so the loved one handling their email won’t have to deal with junk mail) and ceases sending notifications about them (re: birthdays, work anniversaries, etc.) to members of their network. The person who died will stop popping up in automated sections of the site, like “People you may know” and “recommended connections.” If you’ve ever been startled to see the name and likeness of someone who has passed away show up on your Facebook or Twitter account unexpectedly, you know how much a relief LinkedIn’s approach could be.
JUST THE BEGINNING
Social media accounts are just the beginning of your non-financial digital legacy. Next time, we’re going to look at how you can set up your Legacy Contact for your Apple ID account and an Inactive Account Manager (and Trusted Contact) for your Google accounts.
I’ll also share a bevy of resources for helping you manage accounts for those who have passed and make things easier for directing your own digital legacy.
Paper Doll’s Ultimate Guide to Legally Changing Your Name
It’s June, the traditional month for weddings, and after weddings come honeymoons, “thank you” notes, and at least for some people, name changes. Ms. Jane Independent may become Mrs. Jane United, or even Mrs. Jane Independent-United.
Image by Engin Akyurt from Pixabay
By the rules of etiquette, Mrs. Her-First-Name is only used for widows; instead, women were supposed to be Mrs. His-First-Name His-Last-Name, subsuming her entire identity under his.
Personally, Paper Doll does not think that is cool at all and is glad this has fallen out of fashion. Then again, Paper Doll can’t imagine ever changing my last name to that of any fella, no matter how much he resembles George Clooney, and certainly not making any part of my name disappear until my beloved has shuffled off this mortal coil.
But I digress.
WHY DO PEOPLE CHANGE THEIR NAMES?
The point is that people change their legal names for many reasons:
- Women, when marrying, often take their new spouse’s last name. They also may append the new name to their old name, with or without hyphens. This ensures that at least part of her name matches her spouse’s name, and if they have children, it creates a new, cohesive family identity.
- Men, when marrying, can also take their spouse’s names in place of their own, but this is still uncommon. However, men changing to a mutually-hyphenated last name such that Spouse Onename and Spouse Othername jointly take the surname Onename-Othername, is becoming more common. Some couples invent new last names altogether.
- Women, when divorcing (and, given the above name change experience, men) often change their names. Many revert to what is colloquially called their “maiden” names. (Birth name, or family name of origin sounds a little more 21st-century, eh?) However, a colleague of mine disliked her family name of origin and rather than returning to it after divorcing, chose a completely new last name.
- Minors may get name changes when one parent remarries, thereby creating a cohesive family identity; this may or may not be related to an actual legal adoption by the step-parent.
- Victims/Survivors of domestic violence and/or stalking may change their names to escape danger.
- Some people change their names to conform to their gender identity. The Olympian formerly known as Bruce Jenner is Caitlyn Jenner. The film performer Ellen Page is Elliot Page. (Note: referring to a person by a name with which they do not identify is called “deadnaming” and it’s unkind. Please don’t do that.)
- People change their first or last names because they just don’t like them.
Hippie Baby Boomers born to Silent Generation and Greatest Generation parents changed their names from Ethel and Norman to trippy ones like Energy and Nomad. Kids born to hippie Boomer parents changed Moonbeam to Madison or Space to Spencer. Some parents give their kids names that are so awful, they demand change. And, of course, some folks just want to separate from past connections (e.g., bad parents, bad exes, bad decisions, etc.) and change their full names.
- Celebrities may legally change their names when they get married while continuing to perform under their prior names, giving them some separation between public and private identities.
Studio publicity still, Public domain, via Wikimedia Commons
Given that Elizabeth Taylor was married eight times to seven men, it would have been very confusing if her credits had changed after each honeymoon! And I’m dubious that Elizabeth Taylor Rosemond Hilton Wilding Todd Fisher Burton Burton Warner Fortensky would have fit on a marquee.
Cherilyn Sarkisian La Piere Bono Allman had her birth father’s name, her step-father’s name, her first and second husbands names, but in 1978 she opted to simplify things and do the paperwork one last time — and since then has been known as Cher. Perhaps if she “could turn back time,” Cher would have changed her name earlier?
Jennifer Lopez dated Ben Affleck. Later, Jennifer Garner married Ben Affleck and legally became Jennifer Affleck. And then Jennifer Lopez married Ben Affleck, and she legally became Jennifer Affleck. Meanwhile, everyone still knows Jennifer Lopez as J.Lo and Jennifer Garner as America’s Sweetheart. Yet somehow, only Ben Affleck didn’t have to worry about re-monigramming his stationery!
- People in the Witness Protection program get their names and entire identities scrubbed. Whether they are bad guys getting off easy or good guy whistleblowers or just unfortunate witnesses, people in WitSec have one advantage. The government does the paperwork for them!
WHAT KINDS OF NAME CHANGES ARE ALLOWED?
For your signature block in your work email or for friends to mail you birthday cards or to give the Starbucks barista your name, you can give your birth name, your married name, your non-de-plume, or your nickname. (Actually, in the case of Starbucks, it doesn’t matter; they’ll either get it wrong or make up a name for you.)
GoToVan from Vancouver, Canada, CC BY 2.0, via Wikimedia Commons
Do you have to change your name legally? In some states, just using your new name makes it legal (enough), as long as you don’t have much in the way of financial dealings or international travel or a desire to make people and organizations refer to you by your preferred name. And if you’re newly married, your marriage license might suffice.
However, when you’re struggling with identity theft, traveling internationally, or dealing with legal or financial matters, you must be able to prove that you’re really you with valid ID: Social Security cards, birth certificates, passports, etc. And for those to be kosher, you definitely need your name change to be legal.
First, know there are rules about when you can’t change your name.
- Your name change can’t be for a fraudulent purpose or to commit a crime. If you’re on the lam or trying to avoid paying your debts to Big Eddie (or, y’know, Wells Fargo), you can’t legally change your name. You also can’t do it to escape financial or criminal liabilities, or civil litigation.
- You can’t take celebrities’ names in order to profit off of their identities.
- If you’ve been convicted of certain types of felonies (in some jurisdictions), you can’t change your name to avoid public scrutiny or requirements to register as a sex offender.
Next, there are rules about what you can change your name to be. Other than Roman numerals following your name — Thurston Howell III is OK — you can’t change to a name with a numeral in it.
Of course, each state has its own regulations. In 1977, the North Dakota Supreme Court refused to allow Michael Herbert Dengler to change his name to 1069 (pronounced as “one zero six nine”, lest you think he intended something unsavory), so he moved to Minneapolis. The Minnesota Supreme Court was similarly dubious, but ruled that “Ten Sixty-Nine” would be allowable.
You can’t change your name to a symbol. Yes, I know about Prince. But, number one, he didn’t actually change his name legally. Number two, you are not Prince.
You also can’t change your name to something that is generally offensive. No racial epithets or slurs, no hate speech, and usually no potty-mouth words (though judges usually have some latitude with regard to that last one).
WHAT’S THE LEGAL PROCESS FOR CHANGING YOUR NAME?
Legally changing your name requires paperwork and patience. Be prepared to locate your essential documents (check out How to Replace and Organize 7 Essential Government Documents to get started) fill out forms (by hand and online), jump through investigative hoops, and then use new identifying documentation to get other identifying documentation.
You’ll also need to tell everyone you know about the change. In the pre-COVID era, the process might take six to twelve; however, courts are still so backed up that in some municipalities, it’s taking much longer.
Name Change By Court Order
Gavel: Creative Commons/U.S. Air Force photo by Airman 1st Class Aspen Reid/af.mil
If you’re changing your name for any reason other than a revised marital status, you’ll have to get a court order to do so. (Changing your name because of marriage or the dissolution of one has a separate procedure — of which, more later.)
In general, this process requires a combination of the following procedures, depending on where you live:
File a petition with the court — This involves completing paperwork which will be called some variation on the title Petition for a Name Change. Different jurisdictions have different regulations — you might have to address a civil, probate, or superior court. The petition explains the name to which you wish to change and the reason for the change.
Submit a filing fee. The filing fees in the United States vary by state, and sometimes county, and range from a low of $25 in Alabama to a high of $435 in California. (Some states have waivers for people in dire financial circumstances, so be sure to ask.)
Submit a form for a Court Order Granting Change of Name for the judge to sign.
Publish a notice of petition to the public. In general, when you change your name, you have to announce the intended name change in a number of newspapers in your community. Most commonly, you can publish these in the classified sections of “penny saver” newspapers to save money. Usually, the notice must be published multiple times over successive weeks.
Note that victims/survivors of domestic violence or sexual assault may request to have the publication element waived. Similarly, some states (including California, Colorado, Maine, and Nevada) eliminate publication requirements for name changes done to align with gender identity. Obviously, individuals in witness protection do not have to publish their notice of petition.
Once you receive an affidavit that the ad(s) have been published, submit this to the court with the other forms. (I must admit that I’m sometimes surprised that putting a notice on your Facebook or Instagram account isn’t considered adequate for this purpose. I can’t imagine anyone but private detectives and bounty hunters reading the classified of these papers that most people let moulder on their front lawns.)
Special circumstances
Fingerprint image by ar130405 from Pixabay
In addition to the above, you may also have to:
- File a legal backer form, authorizing notification of creditors re: name change.
- Undergo an FBI background check (for which you will pay a fee) if you live in Colorado, Connecticut, Florida, South Carolina, or Texas. Depending on the court you petition, a judge may require a background check in California or Maine.
- Have your fingerprints taken if you live in Alabama, Colorado, Maine, North Carolina, and Texas. And yes, there are additional costs.
- Acquire an Affidavit of Consent, if required in your area. If you’re changing a minor child’s name to match the name of a new step-parent and newly-married parent, irrespective of whether the new step-parent will legally adopt the minor, you’ll need an affidavit of consent.
- Send an Affidavit of Service of Notification to appropriate authorities if you are classified as an alien resident, a former convicted person, or an attorney. (How’s that for a strange combo platter?)
Next steps for your court order
Got all those essential forms signed and notarized by the court clerk in your jurisdiction? Scan and/or make copies and put them in a safe place (like a fireproof safe or safe deposit box) and submit the originals for approval.
You may have to attend a court hearing to defend your reason for changing your name if a creditor, ex, or busybody sees the publication of your notice and objects to the name change.
If the court approves your petition, you’ll get a court order called an Order Granting Change of Name which serves as legal proof of your name change. You’ll need this document, and usually your original birth certificate or proof of prior name, in order to make lots of other changes.
Important note: In some states, people seeking a name change due to domestic violence have the right to have their records sealed. If this is your situation, please confer with an attorney or a domestic violence agency to obtain information and assistance regarding your state’s regulations.
Name Change By Marriage (or Divorce)
Mazel tov on getting married! (Condolences…or mazel tov, depending on your feelings, if you’re getting divorced.)
Getting married doesn’t, per se, legally change one’s name, though the process is smoother than seeking a court order.
Do, however, decide in advance what you want your name to be. If your marriage license says FirstName Oldname Lastname but you intend to live as First Name Oldname (hyphen) Lastname, you’re going to have to get the license right before you can move forward.
(Honeymoon travel warning: the TSA takes name-matching seriously. If your ticket says Mrs. Madison Newname and your passport or driver’s license says Ms. Maddie Oldname, you’re at the mercy of the TSA. Don’t imagine you can roll up to Security with your the-ink-is-barely-dry marriage license, an embossed invitation, and catering bill and expect to make the flight. Book honeymoon travel under your pre-marriage name and leave the name change paperwork for when you get back.)
If you’ve divorced, your divorce degree should serve the same purpose as a certified marriage license; be sure the divorce decree covers it if you intend to revert to the name you went by prior to your marriage. (If you decide to give up your married name after the divorce is final, petition the court for an amendment to the divorce decree.)
Name Change to Match Your Gender Identity
For people who are trans, the process involves a getting a legal name by court order, but it’s not quite as simple as described above. It’s also necessary (and sometimes complicated) to change one’s gender marker, the official designation of gender on certain state and federal documents (like driver’s licenses and passports).
Gender markers may be “male,” “female,” or “X” (for non-binary), though only Oregon allows you to petition for a change of gender marker at the time of your name change, and not all states allow a marker change. However, the federal government now recognizes X and you can change the gender marker on your passport; later in 2023, it can be changed on other documents.
Changing a gender marker may or may not require changing your name legally. Seven states and two territories require proof of surgery, court order, or altered birth certificate to change gender marker on driver’s licenses, while fourteen states require proof of surgery or a court order to change the designation on a birth certificate. And four states (Montana, Oklahoma, Tennessee, and West Virginia) don’t allow amending gender markers on official documents.
This can get complex, so check with your state and review the incredibly-detailed PDF Identification Documents and Transgender People: An Overview of the Name and Gender Marker Change Process in the United States for guidance.
WHAT TO DO ONCE YOUR NEW NAME IS OFFICIAL
Once you’ve legally changed your name, there’s still more paperwork to be done — and before you can start, you’ll have to make sure you’ve got your (paper)ducks in a row.
- If you got married, obtain official (certified) copies of your marriage license. (You’ll know they’re official if they’ve got raised “bumpy” seals.) Request them from the municipal office where you registered and filed for your marriage license (that is, where you got married, not necessarily where you live). You’ll get one official copy as part of your licensing fee, but you’ll have to pay for extras.
- If you filed with the court for a name change (or got divorced), obtain certified copies of the court order or divorce decree.
- Whatever your reason for changing your name, the next steps will require proof of your former name, so before you get started, make sure you have official copies of your birth certificate, too.
Start with Uncle Sam
Social Security Card — Contact the Social Security Administration at 800-772-1213 or go into a local office; just don’t fall for any emails or junk mail promising to get you a new card for a fee. The Social Security Administration doesn’t charge for new cards due to name charges. (Heck, you get 10 free replacement cards in a lifetime!)
Follow the prompts and the automated system will walk you through the steps for filling out an SS-5 and getting a new card. Alternatively, you can follow the instructions on the Social Security Administration’s web site. Fill out the application and provide official copies of documents proving your legal name change, your identity, and either your U.S. citizenship or immigration status. (You can also change your gender marker.)
*Note: If you immediately move to a new state after getting married or securing a court-ordered name change, the Patriot Act requires that you change the name on your Social Security card before you acquire a new driver’s license.
Passport — The U.S. Department of State has different requirements for issuing passports reflecting name changes, depending on whether one’s last passport was issued within the last year or earlier, and whether you have documentation to prove (via marriage license or court order) your name change. Review the linked page and follow the steps to determine if you can submit your documentation by mail or must apply in person, and whether there are fees associated with your situation.
Now handle state and local documents
Driver’s License — Each state has different regulations regarding how quickly you have to change your name on your license. South Carolina and Wyoming expect you to change your driver’s license to reflect your new name within ten days of your wedding, which might put a crimp in a two-week honeymoon.
Other states have similar, though less urgent, deadlines. Apparently, you can double or halve your weight, dye your hair purple, switch to blue contact lenses, or grow a beard, and their are no requirements to contact the DMV, but if you use your new name, the DMVs of the USA get uniformly cranky! Call or check your state’s web site for regulations, make an appointment (vs. attempting a walk-in), and bring certified copies of your marriage license, divorce decree, or court order.
Voter Registration Card — Contact your board of elections or pick up a voter registration form at your public library or Department of Motor Vehicles. Alternatively, visit National Mail Voter Registration Form to report a change of name on your voter registration. (Note, New Hampshire, North Dakota, and Wyoming do not participate.)
Tell Everyone Else
With the government out of the way, notify everyone else. There’s less urgency to this, especially as “officialdom” wanes; I’ve arrange the list below in declining order of importance and urgency.
To save time filling out forms, you might want to consider acquiring a uniform name change form, such as Nolo’s Declaration of Legal Name Change. (It’s currently free.) Then notify:
- The US Post Office — This isn’t legally required, but you’ll be getting mail in your old name and new name for a while, so make sure your mailbox label lists both or that your post office knows about the new identity. (Don’t assume that your postal carrier pays attention.)
- Insurance companies — Update your health insurance policy and cards first, then automobile, renters/homeowners, etc.
- Human Resources and/or Payroll at your place of employment.
- Banks — Order checks and deposit slips bearing your new name.
- Brokerage houses where you hold investment or retirement accounts. If you’re listed as a beneficiary on someone else’s accounts, encourage them to update their records.
- Credit card companies
- Utilities and other essential services
- Other companies with which you have accounts, particular those you pay or which pay you
- State or other licensing agencies for operation/ownership of firearms, boats, planes
- Internal Revenue Service and your state and local tax authorities
- Veteran’s Administration, if applicable
- Offices of public assistance, like SNAP
- Professional licensing or certification organizations
- Friends and associates (so they know how to address you)
- Doctors, dentists, therapists and other health professionals
- College alumni associations
- Clubs, gyms, and other memberships
Contact your attorney about updating your estate documents with your new name. This may include wills, health care proxies, mortgages, leases, trusts, Power of Attorney documents, etc. See How to Create, Organize, and Safeguard 5 Essential Legal and Estate Documents and The Professor and Mary Ann: 8 Other Essential Documents You Need To Create to get started.
Check your credit report at AnnualCreditReport.com to make sure nobody has fraudulently opened accounts in your old name.
If the thought of doing this all on your own gives you a headache and writer’s cramp, help is available. Many professional organizers who specialize in paper management (like me!) will sit by your side and walk you through filling out paperwork. You can also avail yourself of specialized services:
- Newly Named
- Hitch Switch
- MissNowMrs
- Legal Zoom Name Change Service
- National Center for Transgender Equality ID Documents Overview
- TransSocial Name and Gender Marker Change Assistance
- Transgender Map Legal Name Change Guide
Disclaimers
Note to Canadian readers: The process in Canada varies by province, but appears to be similar (with the exception of there being no publication requirements); there are special circumstances for reclaiming an indigenous name. Please confer with legal experts in your province.
Paper Doll reminds readers that I am not a lawyer and nothing in this post should be taken as legal advice.
What’s in a Name? “Addressing” Organizing and Productivity
THE MISTER PRODUCTIVITY PODCAST
Recently, I had the delightful experience of appearing on an episode of The Mister Productivity Podcast, hosted by Mark Struczewski (pronounced stru-CHESS-key).
When Mark initially contacted me, I recognized his name, but not the name of his podcast until I realized that the show I knew as the Mark Struczewski Podcast been renamed as The Mister Productivity Podcast in late 2022. (As you’ll soon see, naming/labeling things is a theme in today’s post.)
The show is targeted to solopreneurs, with a mission of helping “banish overwhelm, reduce stress, and get more done.” However, I find that most of his content is applicable for all professionals and anyone trying to thrive in a world of too much sensory overload.
Over almost six years, Mark has covered the gamut of productivity-related concepts, both on his own and with an intriguing variety of guests (like friends-of-the-blog Francis Wade and Art Gelwicks). He’s talked about everything from leadership, virtual work, and goal setting to sleep, confidence, and mindset. My favorite of all of his episode titles is Are You a Winnie The Pooh, a Tigger, or an Eeyore?
The episode in which Mark interviewed me is entitled Organizing Old School in 2023. Once we discussed what Mark and I have in common besides a passion for productivity, we got down to a meaty conversation that covered a wide variety of topics including:
- The Pomodoro Technique “Police” and modifying the method to work for you
- The essential nature of brain reboots for our productivity and mental health
- The power of analog in a digital world, including paper planners, journals, and notebooks
- The role of the mind-body connection in note-taking at school and in meetings, as well as in journaling.
- Systems and tools for improved productivity, including a solution orientation and an understanding that the definition of the “best” tool isn’t what you think it is.
If you’re a longtime Paper Doll reader, you won’t be surprised to hear some of my disclosures, both personal (that I am not an outdoorsy person) and professional (the value I place on going back-to-basics with analog productivity tools).
During our discussion, Mark also referenced the literal nature-based practice of grounding, which I referenced in a larger context in Toxic Productivity Part 5: Technology and a Hungry Ghost when discussing Brad Stulberg’s The Practice of Groundedness: A Transformative Path to Success That Feeds — Not Crushes — Your Soul.
A New VIP: A Form You Didn’t Know You Needed
Brown Plush Bear Patient Photo by Kristine Wook on Unsplash
As a professional organizer for 20 years, I am rarely stumped by organizing-related questions, especially those having to do with vital documents or what I call VIPs (very important papers). However, a client recently presented me with an article making a recommendation for a particular document, and it sent me down a rabbit hole of research.
THE USUAL SUSPECTS: VIPS AND HOW TO MAINTAIN THEM
Over the past years, we’ve discussed (at length) the essential documents everyone should have and how to organize and keep them safe. Posts covering these topics have included:
How to Create, Organize, and Safeguard 5 Essential Legal and Estate Documents
The Professor and Mary Ann: 8 Other Essential Documents You Need To Create
Ask Paper Doll: Do I Really Need A Safe Deposit Box?
Paper Doll’s Ultimate Guide to Getting a Document Notarized
Over the years, we’ve looked at documents granted by a government entity, like birth and marriage certificates, divorce decrees and custody documents, citizenship and military separation papers, passports, and Social Security cards.
We’ve also reviewed essential documents you must create for yourself (or with assistance), including home inventories, insurance policies, estate planning documents (like wills and trusts, pre- and post-nuptial agreements), and living wills (also known as advanced medical directives).
And, for ensuring that your loved ones can take care of you (and you can take care of them) in the event of incapacitation, we have always accented the importance of having both a Durable Power of Attorney for finances and Durable Power of Attorney for healthcare (known in some states as a healthcare proxy).
BEHOLD: THE POWER OF ATTORNEY
A Durable Power of Attorney for financial decisions is necessary if you are unable to make financial decisions or take financial actions on your own. This might occur if you are ill and lack the cognitive capacity to make your own decisions (such as if you’re comatose, heavily medicated, or experiencing some sort of dementia), but it might also come in handy in other circumstances.
Imagine that you are taking an around-the-world cruise or hiking in the Himalayas. In such cases, communication may be spotty or impossible. If the stock market were tanking or a financial opportunity of great importance occurred, or if your return were delayed and you needed to make sure your child’s college tuition was paid or some other financial arrangement was secured, knowing that someone with your Power of Attorney for financial concerns was handling everything would certainly put your mind at ease.
A Durable Power of Attorney for healthcare, or a healthcare proxy, is similarly important if you are unable to make your own healthcare decisions, pretty much for the same reasons initially outlined. If you are physically or cognitively incapacitated and need someone to make decisions on your care, it’s essential to have that paperwork in place.
And, as a periodic reminder to all parents who’ve recently sent their kids off to college, without a Power of Attorney for healthcare or healthcare proxy in place, if your away-at-school adult child were ill and had not granted you PoA for healthcare, the college’s health center or local hospital would not be allowed to provide you with any information about your child’s condition or care.
So, Power of Attorney documents are pretty darned important. You want them in place so that your spouse, partner, adult child, or trusted friend or advisor can be kept informed of your situation and can, if necessary, make decisions and take actions on your behalf.
This is the be-all and end-all of advice we paper specialists generally need to give. But guess what? We’ve been missing a pretty important document related to older adults!
BEYOND THE POA: THE DOCUMENT YOU DIDN’T KNOW YOU NEEDED
Let’s imagine your spouse is 65 or older. Or perhaps we’re talking about your parent, or another slightly older loved one. (I say slightly older, as now that Paper Doll has reached 55, the age of 65, when you can get Medicare coverage, doesn’t seem that far off.) Or perhaps you’re the one with Medicare.
You’d assume that as long as Powers of Attorney had been executed with regard to financial and medical decisions, then everything would be A-OK. Right?
Mostly. But not entirely.
It turns out that, by law, if you want someone (your spouse or significant other, your adult child, your caregiver, etc.) to speak to Medicare on your behalf, having a both a Durable Power of Attorney for financial issues and one for medical issues is not enough.
Perhaps because each state has a different variation on PoA forms, or perhaps because the government just likes to be wackadoodle, Medicare requires you grant prior authorization via a surprisingly under-mentioned form called the 1-800-MEDICARE Authorization to Disclose Personal Health Information Form or CMS-10106. (Doesn’t that just roll trippingly off the tongue?)
You must fill out the CMS-10106 well in advance if you want someone to potentially be able to discuss any of the following with Medicare:
- Medicare eligibility
- Medicare claims
- Plan enrollment (including part D or other drug plans)
- Payment of premiums
- Other information, including payments to beneficiaries
So, if you have Medicare, are you thinking “Whoops!” and wondering what happens if you have secured your financial and healthcare PoAs but haven’t ever filled out this authorization?
It turns out there’s a quirky loophole. If a person HAS done both of their PoA forms but hasn’t actually filled out this authorization form, it’s entirely not a catastrophe. That’s because the person who fills out the form has to be either one of the following:
- the beneficiary (that is, the person on Medicare)
OR
- the personal representative of the person on Medicare (that is, the person who has the Powers of Attorney, or otherwise has been granted authorization over your information).
So, yes, if you’re the person with the Power of Attorney for a Medicare beneficiary, you can authorize yourself to let Medicare talk to you about someone’s health and payment information. And if that seems a little weird to you, well, you’re not the only one.
The problem is that if someone hasn’t ever filled out the CMS-10106 in advance and their personal representative has to do it, it’ll take time to process because you have to MAIL it to Medicare.
That’s right — you can’t submit the authorization form online or even by fax. You have to mail it, like it’s 20th century, to a post office box in Lawrence, Kansas!
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