Power of Attorney, Living Will, and Advance Directives Checklist

Power of Attorney, Living Will, and Advance Directives

Key takeaways

• A financial power of attorney (POA) lets someone you choose (your agent or attorney-in-fact) handle money and property matters you authorize.[1]
• A living will states your wishes about life-sustaining treatment in certain serious conditions. A health care proxy (also called a health care surrogate or durable medical power of attorney) names who speaks for you if you cannot.[2]
• Every state allows you to express treatment wishes and appoint a medical decision-maker, but names, forms, witnesses, and cross-state recognition differ. Do not treat a blog checklist as your state’s law.[2]
• Without documents, a court may need to appoint a guardian or conservator—you may not get to choose who that is.[1]
• Put wishes in writing, name backups, share copies with your agent and doctors, and review after major life changes.[2][3]

Three documents people often confuse

Plain-English summary based on American Bar Association consumer pages.[1][2]

Some states use a combined advance health care directive; others use separate statutory forms. Always read what you sign.[2]

Financial power of attorney (ABA basics)

The American Bar Association explains that a POA is recognized in all states, but rules and requirements differ by state.[1]

Key ABA points to discuss with a lawyer:[1]

• Authority can be narrow (one closing) or broad.
• It may start immediately or only after a future event (often incapacity)—a springing POA.
• You can usually revoke it; many states require written notice to the agent.
• Banks and title companies often need to see the document.
• Choose someone you trust. Integrity matters more than investment skill. Name successor agents.
• Co-agents can disagree or be unavailable—say whether a majority may act.
• Gift-making, trust changes, and title transfers can reshape an estate plan; spell out whether those powers are allowed. State law often controls what an agent may do.
• A POA that was valid when signed usually remains valid if you move, but updating after a move is wise because new-state nuances differ.
• Most states allow a durable POA that lasts until you die or revoke it—periodic legal review still matters.

If you have no POA and cannot manage affairs, a court may appoint a guardian, conservator, or similar fiduciary under local law.[1]

This site does not provide state-specific forms or statutes. Ask a licensed attorney in your state (and any state where you own real estate).

Living wills and health care proxies (ABA basics)

ABA notes that medical technology can keep people alive when they cannot speak. Advance directives exist so others are not guessing—or racing to court.[2]

Living will: Your written expression of treatment preferences in defined serious situations (for example, terminal illness or permanent unconsciousness). It may address ventilators, tube feeding, and other life-sustaining measures. It does not mean doctors withhold pain relief. Routine non–life-threatening care is usually outside its scope. Clinicians typically decide when the medical conditions apply.[2]

Health care proxy: A person (plus backups) authorized to make medical decisions when you cannot. Confirm they are willing and that their values will not block your wishes.[2]

Why both matter: Doctors get clearer instructions; families face fewer agonizing guesses when relatives disagree.[2]

Signing, storing, updating

ABA consumer guidance includes:[2]

• Expect adult witnesses; many states restrict who may witness (often not heirs or people responsible for your medical bills). Some lawyers also recommend notarization.
• Hospital employees may be barred by policy from witnessing.
• States vary on recognizing out-of-state forms. Extra documents are not usually required for short vacations, but if you live part-time in two states, consider documents that work in both.
• Keep originals with important papers; give copies to your proxy, physician, and hospital on admission.
• You can revoke by destroying old forms and signing new ones after you change your mind.
• Organ donation wishes may appear in an advance directive and still need registry / family / physician notice under state rules.

What NIA emphasizes (advance care planning)

The National Institute on Aging (NIA) frames advance care planning as talking about values, choosing a proxy, completing directives, sharing copies, and reviewing over time.[3]

NIA’s “affairs in order” materials commonly urge gathering legal and financial papers (will, POA, advance directives, insurance, account lists) so trusted people can find them in a crisis.[3]

Estate & care planning checklist (original)

Use this as a conversation list with an elder-law or estate-planning attorney—not as a do-it-yourself statute kit.

Decide and discuss

• Who should handle money if I cannot? Backup person?
• Who should make health decisions if I cannot? Backup?
• What matters most if I am dying or permanently unconscious (comfort, time-limited trials of machines, spiritual needs)?
• Have I told my proxy out loud, not only on paper?

Documents to ask a lawyer about

• Durable financial power of attorney
• Advance health care directive / living will / health care proxy (correct names for your state)
• Will and/or revocable living trust (if appropriate)
• Beneficiary designations on IRAs, 401(k)s, life insurance (these often pass outside the will)
• HIPAA release so clinicians can talk to your chosen people

After signing

• Copies to agent/proxy, primary doctor, and a trusted family member
• Note where originals are stored
• Wallet or phone note: “I have an advance directive” + proxy name/phone
• Revisit after divorce, death of an agent, new diagnosis, move to another state, or about once a year

Do not do these without counsel

• Download a random internet form and assume it is valid in your state

• Name co-agents with no tie-breaker

• Leave gift or Medicaid-planning powers vague when those issues matter to you

• Invent “what my state requires” from memory or from this article

• Related: What to do when someone dies

• Related: How to write a eulogy

• Related: When to take Social Security

• Related: Medicaid eligibility

• Related: Reverse mortgage pros and cons

FAQ

Is a living will the same as a last will and testament?
No. A last will directs property after death. A living will guides medical care while you are alive but cannot speak.[2]

Can one person be both financial agent and health care proxy?
Often yes, if you trust them for both roles—but many people split the jobs. Ask your attorney what your state allows and what fits your family.

Do I need a lawyer?
ABA materials assume attorney involvement for proper drafting, especially for gift powers, real estate in another state, and Medicaid-sensitive plans.[1][2] Hospital “standard” forms still need your careful reading.[2]

What if my family disagrees with my proxy?
A clear written directive plus a named proxy is meant to tell clinicians whose instructions to follow when relatives disagree.[2]

Sources

1. American Bar Association. Power of Attorney (Estate Planning Information & FAQs). ABA Real Property, Trust and Estate Law. https://www.americanbar.org/groups/real_property_trust_estate/resources/estate_planning/power_of_attorney/. Accessed October 29, 2026. (Full page opened.)
2. American Bar Association. Living Wills, Health Care Proxies, & Advance Health Care Directives. ABA Real Property, Trust and Estate Law. https://www.americanbar.org/groups/real_property_trust_estate/resources/estate_planning/living_wills_health_care_proxies_advance_health_care_directives/. Accessed October 29, 2026. (Full page opened.)
3. National Institute on Aging. Advance Care Planning: Advance Directives for Health Care; Getting Your Affairs in Order Checklist. NIH/NIA. https://www.nia.nih.gov/health/advance-care-planning/advance-care-planning-advance-directives-health-care ; https://www.nia.nih.gov/health/advance-care-planning/getting-your-affairs-order-checklist-documents-prepare-future. Accessed October 29, 2026 via search-index extracts (INDIRECT — live HTML blocked by WAF/CAPTCHA in authoring environment; reviewer must open).

Disclaimer

This article is for general education only and is not legal, medical, tax, or financial advice. Power of attorney and advance-directive rules are state-specific. Do not rely on this page for forms or filing steps. Consult a licensed attorney in your state (and any state where you own property) and talk with your clinician about care preferences. In an emergency, call 911.

Attribution

Portions of this page are adapted from "HowToLiveBetter" (高性价比人生指南) by eternity4719, https://github.com/eternity4719/HowToLiveBetter, licensed under CC BY 4.0 (https://creativecommons.org/licenses/by/4.0/). Changes: topic idea (guardianship / end-of-life documents) adapted from Chapter 17 themes; fully rewritten for U.S. ABA/NIA consumer guidance (not a direct translation). China-specific guardianship and will formalities were not used.