What's the difference between a power of attorney and a living will?

A POA names a person to make decisions for you. A living will states your own wishes about end-of-life treatment directly, without necessarily naming a decision-maker. Many states combine both into one advance directive document.

Does a power of attorney end at death?

Yes, automatically. A POA only has authority while you're alive; an executor or trustee takes over afterward under your will or trust instead.

Can I have more than one agent?

Yes — you can name co-agents, who may need to act together or separately depending on how the document is written, or a backup agent if your first choice is unavailable.

Can I revoke a power of attorney?

Yes, as long as you still have the mental capacity to do so — you can revoke it any time and should notify anyone relying on it, like banks.

Do I need a lawyer to create a power of attorney?

Not strictly — many states have statutory forms — but a lawyer is worth it if your finances are complex or you want a document institutions won't second-guess.

What if I become incapacitated without a power of attorney?

Family members typically have to petition a court for guardianship to get legal authority to act for you, which is slower, more public, and more expensive than having a POA already in place.

Power of Attorney

Legal information last reviewed: July 3, 2026

A power of attorney (POA) is a document that lets you name someone else — your agent or attorney-in-fact — to act on your behalf. The two most common types cover very different things: financial decisions and healthcare decisions.

Financial power of attorney

This lets your named agent handle banking, bills, property, and other financial matters on your behalf, and can be broad, covering nearly everything, or limited to specific tasks like selling one piece of property.

Healthcare power of attorney

This lets your named agent make medical decisions for you if you're unable to make them yourself, and is distinct from a living will, which states your own end-of-life wishes rather than naming a decision-maker.

'Durable' is the key word

A durable power of attorney stays in effect if you become incapacitated, which is usually the entire point of having one. A non-durable POA automatically ends if you lose capacity, defeating the purpose for most planning uses.

Springing vs. immediate

An immediate POA is effective as soon as it's signed. A springing POA only takes effect upon a triggering event, usually a doctor's certification of incapacity, which can sound appealing but often creates delay and hassle proving the trigger occurred.

Choosing an agent

Pick someone you trust completely, since a financial agent in particular has significant power with limited real-time oversight. Many people name a backup agent in case the first choice can't serve.

When to hire a lawyer

Powers of attorney are inexpensive relative to the problem they solve, so most adults benefit from having them regardless of age or wealth. A lawyer isn't strictly required for a standard financial or healthcare POA, but is worth it if you want a document institutions won't second-guess or your situation involves blended families or significant assets.

Frequently asked questions

What's the difference between a power of attorney and a living will?: A POA names a person to make decisions for you. A living will states your own wishes about end-of-life treatment directly, without necessarily naming a decision-maker. Many states combine both into one advance directive document.
Does a power of attorney end at death?: Yes, automatically. A POA only has authority while you're alive; an executor or trustee takes over afterward under your will or trust instead.
Can I have more than one agent?: Yes — you can name co-agents, who may need to act together or separately depending on how the document is written, or a backup agent if your first choice is unavailable.
Can I revoke a power of attorney?: Yes, as long as you still have the mental capacity to do so — you can revoke it any time and should notify anyone relying on it, like banks.
Do I need a lawyer to create a power of attorney?: Not strictly — many states have statutory forms — but a lawyer is worth it if your finances are complex or you want a document institutions won't second-guess.
What if I become incapacitated without a power of attorney?: Family members typically have to petition a court for guardianship to get legal authority to act for you, which is slower, more public, and more expensive than having a POA already in place.

Power of Attorney laws by state

The rules covered here are general — specifics like deadlines, dollar limits, and required forms vary by state.

Find your state

Related practice areas

Estate Planning

Wills, trusts, and powers of attorney — planning for incapacity and inheritance.

Wills & Trusts

The difference between a will and a trust, and how each passes property.

Probate & Estates

Settling an estate after death — the probate process and executor duties.

This page is general information, not legal advice, and isn't a substitute for talking to a licensed attorney about your specific situation. Read our full disclaimer.