Advance Directive & Power of Attorney Readiness Checklist
Answer four questions to see which documents you still need and where to get your state's free forms.
A complete plan generally has four documents: a living will (your treatment wishes), a healthcare power of attorney (who decides for you medically), a durable financial power of attorney (who manages your money and property), and a HIPAA release (so the people you chose can get your medical information). This checklist shows which of them you are missing.
People often ask whether they need a power of attorney, and how a living will differs from an advance directive. Answer the checklist below to see which documents you have and which you still need.
Check Your Readiness
Every state has a free, legally valid advance directive form. You don't need a lawyer for a basic one. Get your state's free forms at CaringInfo.org, a program of the National Hospice and Palliative Care Organization. For complex family or asset situations, use this site's Senior Legal Aid Locator to find free or low-cost legal help.
| Document | What it does | Without it |
|---|---|---|
| Living will | Records the medical treatment you want or do not want | Your family and doctors have to guess your wishes |
| Healthcare power of attorney | Names the person who makes medical decisions when you cannot | State law decides who speaks for you, or a court does |
| Durable financial power of attorney | Names the person who pays bills and manages accounts and property | Family may have to ask a court for a conservatorship |
| HIPAA release | Lets your agent see your medical records | Providers may refuse to share information |
Living will and healthcare power of attorney. A living will states your wishes, such as whether you want life-sustaining treatment in an irreversible condition. It does not name anyone to decide in situations it did not foresee. A healthcare power of attorney, also called a healthcare proxy, names that person. Together the two are usually called an advance directive, and most states have one form that covers both.
Financial power of attorney. This is a separate document for money and property. Make sure it says "durable." A power of attorney that is not durable ends when you become incapacitated. Without one, family members who need to manage your finances usually have to go to court, which is public and often costly.
Guardianship. You cannot set this up for yourself. A court orders it when someone can no longer make decisions and has no valid documents, and the judge chooses the decision-maker.
Making the documents valid. States differ on witnesses and notarization, and some limit who may act as a witness. Follow the instructions on your state's form. State advance directive forms are free, and you do not need a lawyer to complete one. For a financial power of attorney, many people use an attorney. Our Senior Legal Aid Locator lists free help.
After you sign. Give copies to your agents and your doctor, tell family where the originals are, and review the documents after a move to another state, a death or a divorce. See power of attorney, guardianship and advance directives explained.
Frequently Asked Questions
Do I need a power of attorney?
Most adults benefit from at least a healthcare power of attorney and a financial durable power of attorney, since both let you choose, in advance, who makes decisions for you if you become unable to, avoiding a court-supervised guardianship process.
What is the difference between an advance directive and a living will?
An advance directive is the umbrella term, typically combining a living will (your specific treatment wishes) with a healthcare power of attorney (naming a person to decide on your behalf). A living will alone doesn't name a decision-maker.
What happens if I don't have any of these documents?
If you become unable to make decisions without one in place, family members may need to petition a court for guardianship or conservatorship, a more expensive, public, and time-consuming process than choosing your own decision-maker in advance.
Are advance directive forms free?
Yes, every state has a free, legally valid advance directive form. You don't need to pay a lawyer to create a basic one, though an attorney can help with more complex family or asset situations.
Does a power of attorney still work if I become incapacitated?
Only if it's a "durable" power of attorney. A power of attorney that is not durable ends if you become incapacitated, which is when it is needed. Check that the document says "durable."
Can I change my advance directive later?
Yes, as long as you're mentally competent when you make the change. You can revoke or update it at any time. Review it every few years and after any major life change.
This tool gives general educational information. It is not legal advice and does not create any legal document. The rules for signing, witnesses and notarization differ by state. Consult an elder law attorney or use your state's free advance directive forms.