Advance Planningmoderate

Healthcare Power of Attorney / Healthcare Proxy

State-specific · State Law

Designates a trusted person (agent/proxy) to make healthcare decisions when the individual cannot. May be part of a combined advance directive or a separate document depending on state law.

Form Details

Total fields
28
Auto-fillable
16 (57%)
Time without BeneFill
25 minutes
Time with BeneFill
7 minutes
Time saved
18 minutes
Filled by
patient
Frequency
one time
State-specific
Yes — form may vary by state

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Where to Submit This Form

🏢

Sign with witnesses and give copies to your designated agent and physician

Requirements vary by state. Most require 2 witnesses; some require notarization.

🌐

Upload to your state's advance directive registry (if available)

https://www.nhpco.org/advancedirective/

Filing Deadline

No deadline — execute while you have decision-making capacity. Effective when you lose capacity to make decisions.

Required Attachments

  • 📎 Signed healthcare proxy/durable power of attorney for healthcare form
  • 📎 Witness signatures (typically 2 disinterested witnesses)
  • 📎 Notarization (required in some states such as North Carolina and West Virginia)

Processing Time

Immediate upon proper execution with required witnesses/notarization.

What Happens Next

Provide copies to your designated agent, alternate agent, all physicians, local hospital, and attorney. Your agent has authority only when you lack decision-making capacity.

Tips for This Form

  • Choose an agent who understands your values and can advocate for your wishes under pressure
  • Name an alternate agent in case your primary agent is unavailable
  • A healthcare proxy is different from a living will — ideally, complete both
  • Your agent cannot override your known wishes documented in a living will

More Advance Planning Forms

Advance Directive / Living Will

State-specific · State Law (forms from AARP, state bar associations, hospitals)

Legal document specifying medical treatment preferences when the individual is unable to make decisions. Requirements for witnesses and notarization vary by state. Free state-specific forms available from AARP and state agencies.

Living Will (State-Specific)

Varies by state · State Legislatures / State Bar Associations

Written declaration of preferences regarding life-sustaining treatment, artificial nutrition and hydration, and comfort care when terminally ill or permanently unconscious. Legally distinct from healthcare proxy in many states.

POLST (Physician Orders for Life-Sustaining Treatment)

POLST · State Health Departments (46 states as of 2026)

Medical order (not just a directive) specifying life-sustaining treatment preferences. Actionable by EMS. For patients with serious life-limiting illness or advanced frailty. Works alongside advance directives.

MOLST (Medical Orders for Life-Sustaining Treatment)

MOLST · State Health Departments (e.g., New York)

New York's version of POLST. The only authorized form in NY for documenting non-hospital DNR and DNI orders. Must be completed by a physician in consultation with the patient or surrogate.

MOST / POST / COLST (State Variants)

MOST / POST / COLST · Various State Health Departments

State-specific variants of POLST: Medical Orders for Scope of Treatment (MOST), Physician Orders for Scope of Treatment (POST), Clinician Orders for Life-Sustaining Treatment (COLST). Functionally equivalent to POLST.

Do Not Resuscitate (DNR) Order

DNR (state-specific) · State Departments of Health

Medical order directing healthcare providers not to perform CPR if the patient's heart stops or they stop breathing. Cannot be created by the patient alone; requires physician signature. Comfort care always continues.

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