Advance Directives, Living Wills & Power of Attorney: Why It’s Better to Plan Before a Crisis

August 2026

Most of us don’t like thinking about a time when we might not be able to make or communicate our own decisions.

Unfortunately, a medical emergency is often when families discover they never had some of these important conversations.

Who should make healthcare decisions if you can’t speak for yourself?

Does that person actually know what you would want?

Where are your important documents?

Does your family even know they exist?

Advance care planning gives you an opportunity to answer some of those questions before you’re in the middle of a crisis.

What Is Advance Care Planning?

Advance care planning is the process of thinking about and communicating your wishes for future medical care, particularly if illness or injury leaves you unable to communicate those wishes yourself.

It can include conversations with family members and healthcare providers as well as legal documents such as advance directives.

This isn’t something that only matters for older adults or people with serious illnesses. Unexpected medical situations can happen at any age.

Learn more from the National Institute on Aging:

https://www.nia.nih.gov/health/advance-care-planning/advance-care-planning-advance-directives-health-care

What Is an Advance Directive?

An advance directive records your healthcare instructions for a future time when illness or injury prevents you from expressing those choices yourself.

Depending on where you live, an advance directive may include different documents or use different terminology. Two common parts of advance care planning are a living will and a healthcare power of attorney.

What Is a Living Will?

A living will allows you to document your preferences for certain types of medical treatment if you become unable to make those decisions yourself. This may include preferences involving life-sustaining treatment and other medical interventions.

A living will is different from a traditional will. A traditional will generally addresses what happens to your property and assets after your death. A living will addresses certain healthcare wishes while you are still living.

Read more from the American Bar Association:

https://www.americanbar.org/groups/real_property_trust_estate/resources/estate-planning/living-wills-health-care-proxies-advance-directives/

What Is a Healthcare Power of Attorney?

A healthcare power of attorney allows you to name someone you trust to make healthcare decisions for you if you are unable to make or communicate those decisions yourself.

You may also hear this person called a healthcare agent, proxy, representative, or surrogate.

Choosing this person is about more than picking the family member who lives closest to you. Consider whether the person understands your wishes and values, is comfortable asking healthcare providers questions, can advocate for what you would want even if their personal choice might be different, can communicate with other family members during a stressful situation, and is willing to take on the responsibility.

Most importantly, talk to them. Finding out during an emergency that someone has been named as a healthcare decision-maker is not ideal for anyone.

Learn more about choosing a healthcare proxy:

https://www.nia.nih.gov/health/advance-care-planning/choosing-health-care-proxy

What About Financial Power of Attorney?

Healthcare and financial powers of attorney are not necessarily the same thing.

A financial power of attorney may authorize someone to handle certain financial or legal matters on another person’s behalf. Exactly what authority that person has depends on the document and applicable state law.

Someone having authority to help with finances does not automatically mean they have authority to make healthcare decisions, and vice versa.

Because powers of attorney are legal documents and state requirements vary, an attorney can help you understand which documents are appropriate for your individual situation.

Having the Documents Isn’t Enough

Completing the paperwork is important. But the people who may need these documents need to know they exist and where to find them.

Consider whether your healthcare agent has a copy, whether your healthcare providers have the appropriate documents in your medical record, whether a trusted family member knows where originals or copies are stored, whether the documents can be accessed during an emergency, and whether you have talked with the person you’ve chosen about what actually matters to you.

A beautifully organized document locked away somewhere nobody can access isn’t very helpful during an emergency.

Keep the Conversation Going

Advance care planning isn’t necessarily something you complete once and never think about again.

Your health can change. Your relationships can change. You may move to another state. The person you originally selected to make decisions may no longer be the person you want in that role. Your own wishes may change over time.

Review your documents periodically and after significant life changes, and make sure the appropriate people have updated copies.

Getting Your Important Information Organized

Advance planning isn’t only about completing legal documents.

During a medical emergency, families may suddenly need access to information about medications, medical history, healthcare providers, insurance, emergency contacts, advance directives, powers of attorney, allergies, and current treatments.

Knowing where that information is can make an already stressful situation easier to navigate.

The Sunshine Advocacy Navigation Binder was created to help patients and caregivers organize important healthcare information in one place. It includes sections for medical information, medications, providers, insurance, emergency contacts, and organizing legal and advance directive documents.

Explore the Sunshine Advocacy Navigation Binder:

https://www.sunshinepatientadvocacy.com/services-store/p/sunshine-advocacy-navigation-binder

The binder is an organizational tool. It does not create or replace legal documents or provide legal or medical advice.

Why Planning Ahead Matters

Advance care planning isn’t about expecting something bad to happen.

It’s about making sure your voice can still be part of your care if there comes a time when you can’t speak for yourself.

It can also give the people who care about you something incredibly valuable: guidance.

Instead of asking, “What do I think they would want?” they have an opportunity to understand what you actually want.

Sometimes advocacy starts long before there’s a crisis. Sometimes it starts with a conversation.

Helpful Resources

National Institute on Aging — Advance Care Planning: Advance Directives for Health Care

https://www.nia.nih.gov/health/advance-care-planning/advance-care-planning-advance-directives-health-care

National Institute on Aging — Choosing a Healthcare Proxy

https://www.nia.nih.gov/health/advance-care-planning/choosing-health-care-proxy

American Bar Association — Living Wills, Healthcare Proxies and Advance Directives

https://www.americanbar.org/groups/real_property_trust_estate/resources/estate-planning/living-wills-health-care-proxies-advance-directives/

CaringInfo — Advance Directive Forms by State

https://www.caringinfo.org/planning/advance-directives/by-state/

Important Disclaimer

This article is provided for general educational purposes only and is not legal or medical advice. Laws, terminology, document requirements, and decision-making authority vary by state and individual circumstances. Sunshine Patient Advocacy and Support Services does not provide legal services, prepare legal documents, determine legal competency or capacity, or provide medical advice. Consult an appropriately licensed attorney or healthcare professional for guidance about your individual situation.

Sources: National Institute on Aging, Advance Care Planning: Advance Directives for Health Care; American Bar Association Commission on Law and Aging; CaringInfo, Advance Directives by State.

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