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Do you want to talk to a lawyer about your estate planning needs?

You may have a unique situation or have specific questions about what is right for you and your family. In these cases, it may be best to talk to an attorney.
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Our directory of experienced, local attorneys can help you with circumstances such as:
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  • Being part of a blended family
  • Caring for children with special needs
  • Establishing and maintaining trusts
  • …and any other concerns you have!
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Do you have children from a previous relationship or a child with special needs?

There are special considerations to make if you have a blended family or a child with special needs. In these cases, it may be best to talk to an attorney.
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Our directory of experienced, local attorneys can help you with circumstances such as:
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  • Caring for children with special needs
  • Establishing and maintaining trusts
  • …and any other concerns you have!
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Do you have a large estate or an interest in more advanced estate planning tools like trusts?

If your estate equals or exceeds a value of $1 million, or needs special estate planning tools like trusts, it may be best to talk with an attorney.
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a FindLaw Attorney

Our directory of experienced, local attorneys can help you with circumstances such as:
What’s included:
  • Being part of a blended family
  • Caring for children with special needs
  • Establishing and maintaining trusts
  • …and any other concerns you have!
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Are you looking to have your estate planning basics covered?

Our Estate Planning Package includes a Last Will & Testament, Health Care Directive & Living Will, and Financial Power of Attorney to cover all of your basic estate planning needs.
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Do you have a spouse with similar needs?

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Do you have minor children?

If you have minor children, you will want to name a guardian for them.
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Do you have pets?

If you have a pet or pets, you will want to name someone to care for them.
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Do you want to leave gifts to people or a charity?

If you want to give items or money to people or charities, you will want to make what are known as “specific gifts.”
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Do you own a business?

If you own a business or a share of a business, you will want to plan for succession of ownership.
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Do you want to decide how your property is distributed when you pass away?

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Do you want someone to handle your health care decisions if you are unable?

In case you are incapacitated, you will want to list your health care preferences and name someone to handle your health care decisions.
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Do you want to specify someone who can make financial decisions for you if you are unavailable or incapacitated?

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Do you have a spouse with similar needs?

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Do you have a spouse with similar needs?

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Do you have a spouse with similar needs?

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Do you have a spouse with similar needs?

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Do you want someone to handle your health care decisions if you are unable?

In case you are incapacitated, you will want to list your health care preferences and name someone to handle your health care decisions.
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Do you want to specify someone who can make financial decisions for you if you are unavailable or incapacitated?

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Do you have a spouse with similar needs?

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Do you have a spouse with similar needs?

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Understood! Last question…

Do you want to specify someone who can make financial decisions for you if you are unavailable or incapacitated?

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Do you have a spouse with similar needs?

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Thank you for taking our quiz!
Your answers suggest you might benefit from:

Speaking with
a FindLaw Attorney

Our directory of experienced, local attorneys can help you with circumstances such as:
What’s included:
  • Being part of a blended family
  • Caring for children with special needs
  • Establishing and maintaining trusts
  • …and any other concerns you have!
Close

All done! Based on your answers, we recommend:

Estate Planning Package

For One person

$135
What’s included:
  • Last will and testament
  • Living will
  • Power of attorney
  • Free HIPAA release form
  • A comprehensive plan — for less
  • Free changes and revisions for up to one year after purchase
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Power of Attorney

For one person

$39
What’s included:
  • Step-by-step guided process
  • A power of attorney that’s tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free changes and revisions to your will for up to one full year after purchase
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All done! Based on your answers, we recommend:

Living Will

For One Person

$39
What’s included:
  • Step-by-step guided process
  • A living will tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase
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Last Will and Testament

For One Person

$79
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
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All done! Based on your answers, we recommend:

Estate Planning Package

For two people

$255
What’s included:
  • Two wills, living wills, and powers of attorney
  • Two free HIPAA release forms
  • You and your loved one create your own estate plans tailored to your individual needs
  • Attorney-approved documents customized to your state’s laws
  • Free changes and revisions for up to one year after purchase
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All done! Based on your answers, we recommend:

Power of Attorney

For two people

$78
What’s included:
  • Step-by-step guided process
  • A power of attorney that’s tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free changes and revisions to your will for up to one full year after purchase
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All done! Based on your answers, we recommend:

Living Will

For Two People

$78
What’s included:
  • Step-by-step guided process
  • A living will tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase
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Last Will and Testament

For Two People

$149
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
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All done! Based on your answers, we recommend:

Living Will + Power of Attorney

For one person

$78
What’s included:
  • Step-by-step guided process
  • A living will tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase
  • A power of attorney that’s tailored to your needs
  • Free changes and revisions to your will for up to one full year after purchase
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All done! Based on your answers, we recommend:

Last Will and Testament + Power of Attorney

For one person

$118
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
  • A power of attorney that’s tailored to your needs
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All done! Based on your answers, we recommend:

Last Will and Testament + Living Will

For One Person

$118
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
  • A living will tailored to your needs
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase
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All done! Based on your answers, we recommend:

Living Will + Power of Attorney

For two people

$156
What’s included:
  • Step-by-step guided process
  • A living will tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase
  • A power of attorney that’s tailored to your needs
  • Free changes and revisions to your will for up to one full year after purchase
Close

All done! Based on your answers, we recommend:

Last Will and Testament + Power of Attorney

For two people

$227
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
  • A power of attorney that’s tailored to your needs
Close

All done! Based on your answers, we recommend:

Last Will and Testament + Living Will

For Two People

$227
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
  • A living will tailored to your needs
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase

What Is a Health Care Power of Attorney?

A health care power of attorney (health care POA) is a legal document that allows you to designate a trusted person to make end-of-life medical decisions for you in the event you are unable to communicate your own health care decisions. This person is sometimes called your health care proxy, health care agent, health care surrogate, or attorney-in-fact.

Table of Contents

Planning for End-Of-Life Health Care

Planning for your medical care with a health care power of attorney is a good idea for everyone because it helps to ensure that your treatment preferences are honored if you are ever unable to make or communicate decisions due to incapacity. Without a plan in place, you may be subjected to unwanted medical treatments, including ones that are against your philosophical and/or religious views. Also, this can often cause conflicts and strained relationships between your family members and loved ones as you lie in a hospital bed.

This article discusses how a health care power of attorney fits into your estate plan and the types of medical decisions your health care agent can make on your behalf.

Living Will vs. Health Care Power of Attorney

Both a living will and health care power of attorney are types of legal documents used to plan for end-of-life health care. They are also sometimes referred to interchangeably as a “health care directive,” “advance health care directive,” “medical power of attorney,” “declaration regarding life-sustaining treatment,” “durable power of attorney for health care,” or some other similar term. It’s common to combine a living will and health care power of attorney to create a two-part health care directive containing a:

  • Living will stating instructions for medical care
  • Health care power of attorney designating a health care agent

There may be differences between a living will and a health care power of attorney according to your state law. Generally, these two documents work together in your estate plan. Sound confusing? Our state-specific health care directive and living will forms automatically generate the health care planning forms used in your state and include simple instructions to sign and finalize your documents.

What Is a Living Will?

living will is a legal document that allows you to state your desires for end-of-life medical care if you are unable to make decisions for yourself. You can use this document to state your preferences for life-sustaining treatment, artificial nutrition and hydration, organ donation, do not resuscitate (DNR), and other health care decisions. The instructions you provide in a living will guide your family members, doctors, and other health care providers if you are in a coma, seriously injured, terminally ill, have dementia, or are otherwise near the end of your life and unable to make or communicate decisions.

What Is a Health Care POA?

As stated above, a health care power of attorney is a legal document that lets you grant another person (your health care agent) the legal authority to make medical treatment decisions on your behalf if you are unable to do so yourself. Typically, this is when your attending physician determines that you are incapacitated. Depending on where you live, a health care agent may also be known as a health care proxy, health care representative, health care surrogate, attorney in fact, or something similar.

In this document, you can provide specific instructions for your health care agent and limit their authority if there are decisions you do not want your agent to make. In most states, if you choose not to limit your health care agent’s authority, they can make any medical decision on your behalf that you could make for yourself.

Note that a health care power of attorney is not a financial power of attorney. The person you choose as your health care agent is only authorized to make medical decisions for you. A financial power of attorney appoints someone to handle your money, property, and other financial affairs if you are unable to do so. If you want to designate one person to make your medical treatment decisions, and another to handle your finances in the event you are unable to do so, consider using FindLaw’s DIY forms to add both a health care power of attorney and a financial power of attorney to your estate plan.

What Can My Health Care Agent Do?

Your health care agent has access to your medical records and other health care information. Usually, a health care agent’s powers include authority to make decisions about:

  • Medication and medical treatments you do or do not want to receive
  • Providing and withholding or withdrawing life-sustaining interventions
  • Pain relief and comfort care
  • Mental health treatment
  • Admission to and discharge from health care facilities, including nursing homes
  • Attending physicians and other health care providers
  • Visitation
  • Anatomical Gifts

You may want to provide your health care agent with specific instructions and other information about what you want or do not want. This can help your agent feel like they are making medical decisions for you in good faith and in accordance with your wishes.

How Do I Make a Valid Health Care Power of Attorney?

You should finalize and sign your health care planning documents according to the requirements in your state. This helps to ensure your doctor, medical providers, and anyone else making decisions on your behalf can follow your health care instructions and carry out your wishes. States may have different requirements for filling out and finalizing health care planning forms. This generally means you must be of sound mind when making your health care plan and sign the form in the presence of two qualified witnesses and/or have it certified by a notary public. Additionally, your state may have specific restrictions about who can or cannot act as a witness.

Be sure to research your state’s requirements to ensure you have a valid health care POA. If you’re unsure or nervous, you can use our state-specific health care directive and living will documents. The forms used in your state are automatically generated and include simple instructions for signing and finalizing your legal documents. You can also select our last will and testament and financial power of attorney forms to create an estate plan that works for you.

Estate planning solutions to fit your needs.

Written by:

FindLaw Staff

Contributing Author

Reviewed by:

Jordan Walker, J.D.

Legal Writer