What is a power of attorney?
A power of attorney is a document that lets you name someone to act for you. This guide explains the words, then points you to your state’s rules.
This guide explains the law in general. It does not prepare documents or tell you whether a document is valid.
The words
A power of attorney is a legal document that gives someone you choose legal authority to make decisions about your money or property, for example if you are sick or injured. You are the principal. The person you choose is the agent, also called an attorney-in-fact.
Source: CFPB, Managing Someone Else's Money: Help for agents under a power of attorney · Official text
You can still manage your own money and property after you sign a power of attorney, as long as you are able to make decisions. You can take away (revoke) the agent's authority at any time while you are able to make decisions. If you do, tell the people and businesses the agent was dealing with.
Source: CFPB, Managing Someone Else's Money: Help for agents under a power of attorney · Official text
Money and health care are different documents
A health care proxy (also called a representative, surrogate or agent) is a person who can make health care decisions for you if you cannot communicate them yourself. You name a proxy in an advance directive, often called a durable power of attorney for health care.
Source: National Institute on Aging, Choosing a Health Care Proxy · Official text
A living will is a legal document that tells doctors how you want to be treated if you cannot make your own decisions, for example about CPR, breathing machines and tube feeding. It is different from a will, which deals with your property after death.
Source: National Institute on Aging, Preparing a Living Will · Official text
Your state may call each document by its own name. Each state page begins with the names it uses.
Medical orders and where to keep papers
A do not resuscitate (DNR) order and a POLST or MOLST form are medical orders that you set up with your doctor. They tell emergency and hospital staff what to do right away and work in addition to an advance directive. People usually make a POLST or MOLST near the end of life or when they are critically ill.
Source: National Institute on Aging, Advance Care Planning: Advance Directives for Health Care · Official text
Keep the signed documents in a safe place and give copies to your health care proxy and your doctors. Some states have registries that store an advance directive for doctors and your proxy.
Source: National Institute on Aging, Advance Care Planning: Advance Directives for Health Care · Official text
Do you need a lawyer?
A lawyer can help but is not required to make advance directives. Many states have their own forms you can get and fill out for free. Review your directives at least once a year and after a big change, such as moving to another state.
Source: National Institute on Aging, Advance Care Planning: Advance Directives for Health Care · Official text
What the states say
For a financial power of attorney, 22 of the 41 states we cover require a notary, 4 let you choose a notary or witnesses, and 15 do not require a notary. Power of attorney signing rules by state.
23 of 41 states have adopted the Uniform Power of Attorney Act: see the table (23 states). Uniform Power of Attorney Act states
29 states publish an official form for a financial power of attorney. In 29 of them the law says you do not have to use it. Official power of attorney and directive forms by state
What a power of attorney cannot do
A power of attorney does not let the agent handle someone's Social Security or SSI payments. The Treasury Department does not recognize a power of attorney for federal payments. To manage the benefits, the agent must apply to Social Security to become the representative payee.
Source: SSA POMS GN 00502.139 (A.6, B.5) · Official text
What to look for on your state’s page
- The first screen: the names your state uses for the money document and for the health care document.
- “Signing rules”: whether a notary or witnesses are required, and who cannot be a witness.
- “Durable and springing”: whether the document keeps working if you lose capacity, and when it starts.
- “What an agent can and cannot do”: acts that need express permission in the document.
- “When it ends and how to revoke it”: the ways it can end, and who to tell.
Questions to ask a lawyer or legal aid office
A lawyer or a legal aid office can answer these. This site cannot advise you.
- Do I have to use my state’s official form, or can I use another?
- Where the law lets me choose between a notary and witnesses, which is better for me?
- Which powers should my document include, and which should it leave out?
- Will the banks I use accept the document, and what should I do if one refuses?
Pick your state
Your state's page has the form, the signing rules and the law for your state.
Free tools: the signing checklist and the letters to revoke a power of attorney or a health care directive are on each state's page.