Power of Attorney and Health Care Directive: The Documents to Sign With Your Will

What does each document do?

What is a durable financial power of attorney?

It's a document in which you, the principal, give someone you trust, your agent, authority to act for you with money and property. "Durable" means it keeps working if you lose capacity, which is when you'd need it most.

Many states follow the Uniform Power of Attorney Act. The Uniform Law Commission's tracker lists it as enacted in 31 states and the District of Columbia as of October 2026, counting Michigan and South Dakota, whose laws are substantially similar (Uniform Law Commission). Under the act (full text):

• It's durable by default, unless the document says it ends if you become incapacitated (§104).
• It takes effect when you sign, unless you say it starts later, such as when a doctor finds you incapacitated. That's called a "springing" power (§109).
• Risky powers must be spelled out. Your agent can make gifts, create or change a trust, or change beneficiary designations only if the document expressly says so (§201).
• Your agent has duties. They must act in good faith, within the authority you gave, in line with your reasonable expectations or best interest, and keep records (§114).
• It ends at your death (§110). Then your executor takes over.

Other states have their own laws, so details differ. Social Security doesn't accept powers of attorney for benefit payments; your agent would have to apply to be your representative payee (SSA).

What do a health care power of attorney and a living will do?

The two most common health care advance directives are the living will and the durable power of attorney for health care (National Institute on Aging).

• A health care power of attorney names your health care proxy, someone who can make medical decisions if you can't communicate. A proxy helps with situations no form can predict, such as a serious accident or stroke.
• A living will tells doctors which treatments you'd want or want to avoid, and under what conditions.

You can have either one or both. Both take effect only if you can't speak for yourself. NIA notes that an advance directive is legally recognized but not legally binding; a provider who won't follow it for reasons of conscience or policy must tell your proxy and consider transferring your care. If you're seriously ill, ask your doctor about a POLST or DNR order. These are medical orders, not advance directives.

How are they different from a will?

A will does nothing while you're alive. A power of attorney does nothing after you die. You need both to cover your whole life. Your will names an executor to handle your property after death; your powers of attorney name agents to act for you while you're living. To make the will, see what to include in a will.

What happens if you don't have them?

For money, a court can name a guardian or conservator to manage your money and property if it decides you can't, and you don't have a power of attorney in place (CFPB). That means a court case, and the court decides who serves. Under the uniform act, your power of attorney can also nominate the guardian or conservator you'd want if one is ever needed (§108).

For medical care, state law decides who makes decisions. It's typically your spouse, your parents or your adult children. An unmarried partner you didn't name could be left out, and some states let a close friend help or assign a physician (NIA).

Do you need a HIPAA authorization?

Under the HIPAA privacy rule, your health care providers must treat your "personal representative," someone with legal authority to make health care decisions for you, such as your health care agent, as you for health information related to that role (HHS).

A separate HIPAA authorization lets you name others who may get your health information, such as your financial agent or adult children. It's useful if a springing power of attorney depends on a doctor's letter about your capacity. A valid authorization describes the information, who may share and receive it, the purpose, and an end date or event, and you sign and date it. You can revoke it in writing (45 CFR §164.508).

How do you choose an agent?

• Pick someone you trust completely, who will follow your wishes even under pressure from others.
• Check the age rules. A health care proxy must be 18 or older in most states, 19 in Alabama and Nebraska, and of sound mind (NIA).
• Avoid conflicts. The ABA generally recommends against naming your health care provider or the owner or operator of your care facility (NIA).
• Think about distance and temperament. Can they get to you quickly and handle disagreements in the family?
• Name a backup. The uniform act lets you name successor agents (§111).
• Ask first, and give them copies. The CFPB has free guides for agents on managing someone else's money.

You can name the same person for money and health care, or different people. Many of the same qualities matter when you choose an executor.

How do you sign them?

The rules depend on your state, so follow the instructions on your state's form.

• Financial power of attorney. The uniform act doesn't require a notary, but a notarized signature is presumed genuine, and people who accept a notarized power of attorney in good faith are protected (§§105, 119). So it's wise to sign before a notary anyway. Some states require more. Florida requires two witnesses and a notary (Fla. Stat. §709.2105).
• Health care directives. You may need witnesses, a notary or both (NIA). In California, for example, an advance health care directive must be signed and dated, and either notarized or signed by two qualified witnesses (Cal. Prob. Code §4673).

Our advance directive forms page links to free official forms for every state. If you spend time in more than one state, NIA suggests completing each state's form. Give copies to your agents and doctors, and review your health care documents at least once a year or after a big change in your health.

Can MyLastWill make these documents?

No. Our free will builder makes a will or codicil, plus a signing checklist for your state. It's free, needs no account and keeps your answers in your browser, but it doesn't make powers of attorney, health care directives or HIPAA authorizations, and it isn't available for Louisiana or North Carolina wills. For those documents, use your state's official forms or a lawyer. A lawyer is especially worth it for a broad financial power of attorney or a complicated family situation. Rules vary by state; see your state's will rules.

This is general information, not legal or medical advice.