Medical vs Durable Power of Attorney: What Each One Covers (US)

A medical power of attorney covers your health care. A durable power of attorney usually covers your money and property. "Durable" means it keeps working if you lose the ability to make decisions. Most adults need both, because illness rarely affects just one part of life.

Here is the simplest way to see it. A medical power of attorney answers: "Who talks to my doctors if I cannot?" A durable power of attorney answers: "Who pays my bills and manages my bank account if I cannot?"

Neither one works after you die. Then your executor takes over.

This page explains what each document does, when it starts and ends, and what happens if you have neither. Rules and forms differ by state. So we give real examples from state law and US government sources, checked on 2 November 2026. It is general information, not legal advice.

What is the difference between a medical and a durable power of attorney?

Both are legal documents. In each one, you (the "principal") name someone you trust (your "agent"). The difference is what the agent may decide.

	Medical power of attorney	Durable (financial) power of attorney
Covers	Medical treatment, care, hospitals, end-of-life choices	Bank accounts, bills, taxes, property, investments
Usually starts	Only when you cannot make or share your own health decisions	When you sign it, unless it says it starts later
Keeps working if you lose capacity?	Yes, that is its whole purpose	Yes, if it is durable
Ends	At your death, or if you cancel it	At your death, or if you cancel it
Other names	Health care proxy, health care agent, durable power of attorney for health care	Financial power of attorney, statutory durable power of attorney

Sources: National Institute on Aging, Texas HHS, New Hampshire RSA 564-E. Checked 2 November 2026.

The two do not overlap. Texas says it plainly. Its Statutory Durable Power of Attorney form is for property. It "does not authorize anyone to make medical and other healthcare decisions for you" (Texas HHS).

The model law many states use agrees. New Hampshire's version of the Uniform Power of Attorney Act says the financial power of attorney rules do not apply to "a power to make health-care decisions" (RSA 564-E:103).

So a durable power of attorney for money does not let your agent talk to your doctors. And a medical power of attorney does not let your agent pay your rent.

What does "durable" mean?

"Durable" means the power of attorney keeps working after you lose capacity. Capacity means you can understand a decision and its results, and make the choice yourself.

This matters more than it sounds. An old-style, non-durable power of attorney ends the moment you lose capacity. That is exactly when your family needs it most.

Under the Uniform Power of Attorney Act, a power of attorney is durable by default. New Hampshire's law says it "is durable unless it expressly provides that it is terminated by the incapacity of the principal" (RSA 564-E:104). Not every state follows this model, so check that your form says "durable."

Immediate or springing: when does it start?

A financial power of attorney can start in one of two ways.

• Immediate. It works as soon as you sign it. You can still make your own decisions too. Under New Hampshire's law, this is the default.
• Springing. It "springs" into action only after a future event, usually your incapacity.

A springing power of attorney sounds safer. But it can cause delays. Say you live in New Hampshire and do not name who decides you are incapacitated. Then a doctor or a judge must confirm it in writing first (RSA 564-E:109). Meanwhile, bills may go unpaid. Some people choose an immediate power of attorney instead, and name an agent they fully trust.

A medical power of attorney is different. It normally only works when you cannot make or share your own health decisions. While you can decide, you decide.

What does a medical power of attorney cover?

A medical power of attorney names the person who speaks for you about health care. The National Institute on Aging calls the document a "durable power of attorney for health care." It calls the person your "health care proxy." Other names are representative, surrogate or agent (NIA).

States use their own names and forms. For example:

• New York: the Health Care Proxy form, which names a "health care agent" (NY Department of Health).
• Texas: the Medical Power of Attorney, or "Designation of Health Care Agent" (Texas HHS).

In Texas, the agent can make "any and all health care decisions" for you, unless you limit them. The decisions must follow your wishes, including your religious and moral beliefs.

Your agent may decide about tests, surgery, medicines, life support, moving to a care facility and hospice. You can limit what they decide, or give them full power.

How is it different from a living will?

A living will is a set of written instructions. It says which treatments you want or do not want. A medical power of attorney names a person who decides when something comes up that your instructions do not cover.

The NIA says you can have a proxy "in addition to or instead of a living will." Many people have both. Our guide to advance directives vs living wills explains how they fit together.

What can a medical agent not do?

An agent must follow your known wishes, not their own. Some choices also stay with you alone. For example, in states with medical aid in dying, a health care agent cannot ask for it on your behalf. New York's health department says the request "may not be made by the patient's health care agent" (NYS DOH). See our guide to medical aid in dying states.

Do you need both?

For most adults, yes. Here is a common situation. It is a composite example, not a real case.

Maria, 62, has a stroke. She cannot speak for several weeks. Her doctors need someone to agree to a treatment plan. At the same time, her mortgage payment is due, and her pension goes into an account only she can use.

Her medical power of attorney lets her daughter talk to the doctors. Her durable power of attorney lets her son pay the mortgage. Without both papers, the family could be stuck on one side or the other.

You can name the same person in both documents. Or you can name different people, if one is better with care and another with money. If you name two people, make sure they can work together.

What happens if you have neither?

This is where families often find out too late.

For health decisions, state law decides who speaks for you. The NIA says this "is typically your spouse, your parents if they are available, or your children if they are adults." If you are unmarried and have not named your partner, "it's possible they could be excluded from decision-making" (NIA).

For money, there is often no automatic right at all. Your family may need to ask a court to appoint a guardian of property, also called a conservator. The Consumer Financial Protection Bureau publishes separate guides for court-appointed guardians, who must report to the court (CFPB).

A court case takes time and money. The judge chooses who acts for you. That may not be the person you would have picked.

A power of attorney avoids most of this. You choose, while you still can.

When does a power of attorney end?

Every power of attorney ends when you die. Under New Hampshire's version of the Uniform Power of Attorney Act, a power of attorney ends when (RSA 564-E:110):

• you die;
• you lose capacity, if it is not durable;
• you cancel it;
• it says it ends, or its purpose is done;
• your agent dies, resigns or cannot act, and there is no backup agent.

In New Hampshire, a spouse's power as agent also ends when a divorce or separation is filed, unless the document says otherwise. Many states have similar rules, so update your papers after a divorce.

Who takes over after death?

Your executor. That is the person named in your will to handle your estate. If there is no will, a court appoints an administrator.

This gap surprises many families. The day after a death, the agent's power is gone. The executor may need court papers before banks will deal with them. Our executor checklist and our guide do I need probate? explain the next steps.

So you need different documents for different times:

• While you can decide: you decide.
• If you cannot decide: your medical agent and your financial agent act.
• After you die: your executor follows your will.

How do you make each one?

The steps are similar in most states.

1. Choose your agents. Pick people you trust, who live close enough to help, and who will follow your wishes. Name a backup for each. Our guide on how to choose a health care proxy has questions to ask.
2. Get your state's forms. The NIA lists free sources: your State Attorney General's office, your local Area Agency on Aging, and national groups such as AARP, the American Bar Association and CaringInfo. You can find your Area Agency on Aging through the Eldercare Locator, 800-677-1116.
3. Write down your wishes. Your medical agent needs to know what matters to you. Our guide on how to write a living will helps.
4. Sign it the way your state requires. This differs. New Hampshire requires a financial power of attorney to be acknowledged before a notary (RSA 564-E:105). Texas allows a notary instead of witnesses on its Medical Power of Attorney (Texas HHS).
5. Give copies. Give them to your agents, your doctor and your bank. Keep the originals somewhere your family can find.
6. Review them. The NIA suggests reviewing advance directives at least once a year, and after big changes such as a move, a divorce or a new diagnosis.

Do you need a lawyer? The NIA says a lawyer "is not required" for advance directives. For a financial power of attorney, a lawyer is wise in some cases. Examples are owning a business, large investments or expected family conflict.

If you spend time in more than one state, the NIA suggests using each state's form and keeping a copy in each place.

Living in England or Wales? The closest document is a lasting power of attorney. See lasting power of attorney cost.

Not sure which papers you already have? Our free end-of-life readiness check takes a few minutes and shows the gaps.

This page is general information, not legal advice. State laws and forms differ, so check your state's official form before you sign.