A power of attorney gives your nominated person(s) the power to take legal and financial actions on your behalf if you are unavailable -- pay bills, apply for government benefits, manage real property. A "durable" power of attorney allows such actions to be taken even if you're mentally incapacitated.

Pros: Legal and financial responsibilities are taken care of when you're not able to do it yourself. This document works in conjunction with your designation of healthcare surrogate to allow your nominated loved one(s) to take care of you without a legal guardianship (i.e., court intervention).

Cons: Some financial institutions will not accept this document and ask for proof of guardianship. (See the Designation of Pre-Need Guardianship document below.)

A designation of healthcare surrogate is what many people call a "medical power of attorney." This document allows you to nominate person(s) to speak to doctors on your behalf, access your medical records, and make medical decisions when you are mentally incapacitated, whether short-term, long-term, temporary, or permanent.

Pros: Doctors know exactly who to ask when they need advice on your care when you can't answer for yourself. This document works in conjunction with your durable power of attorney to allow your nominated loved one(s) to take care of you without a legal guardianship (i.e., court intervention).

Cons: Some doctors won't accept this document and require your loved ones to prove guardianship. (See the Designation of Pre-Need Guardian document below.)

A living will is the document that allows you to tell your loved ones and medical personnel that you do not want life-prolonging care when your death is imminent. Your nominated person(s) on this document have the power to advocate for your wishes, but not make any other medical decisions outside of those indicated on the document.

Pros: You have taken legal action to let the world know your wishes and nominated the persons you know will advocate for those wishes.

Cons: Under the circumstances indicated in this document, the described medical wishes override the powers you have given to your nominated healthcare surrogate(s).

*NOTE: This document IS NOT a Do-Not-Resuscitate (often called a DNR). A DNR can only be executed with a physician.

Similar to the HIPAA Releases that you have signed in doctors' offices, this document allows you to nominate the person(s) that can access your medical records under certain circumstances.

Pros: Your identified person(s) have the ability to access those medical records to help hold medical personnel accountable if they engage in actions that lead to malpractice or wrongful death.

Cons: This document does nothing more than give access to medical records, so you must make sure your nominated person(s) have a copy of this document to use if they need it.

When someone becomes mentally incapacitated, the legal process for appointing a guardian to assist with financial and personal care is called guardianship. This process might be avoided if the mentally incapacitated person has a valid durable power of attorney and designation of healthcare surrogate. If a guardianship becomes necessary, this document tells the court who you trust to take care of you.

Pros: This document can help the court know who you trust to take care of you, avoiding situations where someone else might be given that power, and the court listens strongly to this document.

Cons: The person(s) you name in this document might not be legally capable of being your guardian, so someone else might be chosen.