Key Takeaways
- A health care proxy names a person to make medical decisions for you if you can’t. In many states it’s the same thing as a health care (medical) power of attorney.
- A financial power of attorney covers money and property, such as banking, bills and taxes, and usually gives no authority over medical care.
- Most adults need both, plus a living will for their treatment wishes and a HIPAA release so family can talk to doctors.
- The name depends on your state: “health care proxy,” “health care power of attorney,” “health care agent” and “advance directive” can overlap.
- All of these documents end at death; after that, your executor takes over.
Why the terms get confusing
“Power of attorney” is a general term for any document that lets someone act on your behalf. When people say “power of attorney,” they usually mean a financial power of attorney. A health care proxy is the medical version. States such as New York and Massachusetts officially call it a health care proxy; many other states call it a health care or medical power of attorney. They do the same job.
Side-by-side comparison
| Health care proxy (medical POA) | Financial power of attorney | |
|---|---|---|
| Covers | Medical treatment and care decisions | Money, property, bills, taxes, contracts |
| Person named | Health care agent or proxy | Agent or attorney-in-fact |
| When it’s used | Usually only when you can’t make or communicate decisions | Immediately or on incapacity, depending on how it’s written |
| Who relies on it | Doctors, hospitals, care facilities | Banks, investment firms, government agencies |
| Typical signing rules | Witnesses, a notary or either, by state | Usually notarized |
| Ends | At death, or if you revoke it | At death, or if you revoke it |
What a health care proxy lets your agent do
- Consent to or refuse treatments and procedures
- Choose doctors, hospitals and care facilities
- Make decisions about life-sustaining treatment, guided by your living will
- Access your medical information, especially when paired with a HIPAA release
See medical power of attorney for more detail.
What a financial power of attorney lets your agent do
- Pay bills and manage bank accounts
- File taxes and deal with government benefits
- Manage investments and real estate
- Sign contracts on your behalf
To keep it working if you become incapacitated, it should be durable. See durable vs. springing power of attorney.
Should it be the same person?
It can be. Some people choose one person for both because they trust them completely. Others pick a calm, nearby person for health decisions and a detail-oriented person for finances. What matters most is that each person is willing, available and knows your wishes.
Frequently asked questions
In practice, yes. Both name a person to make medical decisions for you if you can’t. The name depends on the state.
Generally no. A financial power of attorney covers money and property. You need a separate health care proxy or medical power of attorney for health decisions.
No. A health care proxy names a person to decide for you. A living will states your treatment wishes in writing. Many states combine them in one advance directive form.
Many states let a spouse or close relative decide under default rules, but disagreements and delays are common, and unmarried partners often have no automatic rights. A health care proxy removes the guesswork.
No. It ends at death. Decisions about your estate are then made by your executor under your will.
Keep reading
- Power of Attorney Explained: Types and How to Get OneA plain-English guide to power of attorney: the types (financial, medical, durable, springing), how to choose an agent, and how to sign one correctly.
- Medical Power of Attorney: What It Is and How It WorksA medical power of attorney names someone to make health care decisions if you can't. Learn what your agent can do, when it takes effect and how to choose the right person.
- Durable vs. Springing Power of Attorney: Which Should You Choose?A durable POA lasts through incapacity; a springing POA starts only at incapacity; a regular POA ends at incapacity. Compare the three and learn which most people choose.
- Power of Attorney for an Elderly Parent: A Step-by-Step GuideHow to get power of attorney for an aging parent: the documents to sign, capacity concerns, bank and Social Security quirks, and what to do if it's too late.
- How to Revoke a Power of AttorneyYou can revoke a power of attorney anytime while you're competent. Learn the steps: written revocation, notifying your agent and third parties, and replacing the document.
- Power of Attorney vs. Guardianship: What’s the Difference?A power of attorney is chosen by you in advance; a guardianship is imposed by a court when there's no plan. Compare cost, control, privacy and timing.
Don’t leave your family guessing
Put your health care wishes in writing with a living will, HIPAA release and medical authorization. The No Brainer Box adds a last will, a revocable trust and health care and financial powers of attorney.
- Answer a few simple questions online
- Download your completed, ready-to-sign forms
- Sign them and keep copies in your account
This guide is general educational information written by the No Brainer Forms Team. It is not legal advice, and No Brainer Forms is not a law firm. Laws and signing requirements vary by state; for advice about your situation, talk to a licensed attorney in your state.