Power of attorney and health care directive online: free options, paid packages, and how to sign them
If you only need a financial power of attorney and a health care directive, FreeWill makes both free. If you want them as part of a full plan, Trust & Will's will plan includes both plus a HIPAA authorization for $199, and Quicken WillMaker & Trust's Plus plan includes them for your whole family at $149. Avoid entry tiers that leave them out: LegalZoom's Basic Will and WillMaker's Starter have no financial power of attorney. Sign the power of attorney before a notary; the health care directive's witness or notary rules depend on your state.
By Nora Whitfield, consumer researcher (not an attorney). Published . Based on the providers' published pricing and terms. How we check.
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Quick picks
- Both documents in a full plan with a will: The will plan includes a will, health care directive, power of attorney and HIPAA authorization. See Trust & Will plans
- Both documents for the whole family, paid once: Plus includes financial powers of attorney and health care directives for up to five family members. See WillMaker Plus
- A lawyer to check your agent choices: The Pro tier adds medical and financial powers of attorney and a HIPAA form with 30 days of attorney calls; the plan then renews. See LegalZoom Pro
A will only works after you die. The documents that protect you while you are alive are a financial power of attorney and a health care directive. If you become unable to manage your affairs without them, your family may have to ask a court to appoint a guardian or conservator, which is slow, public and expensive.
These two documents are cheap or free to make online. This page shows where, which packages include them, and how to sign them so they work. Service details come from each company’s own pages, read on the date in the facts table. This is general information, not legal advice.
The two documents, and what each does
Financial power of attorney. Names an agent to handle your money and property: paying bills, managing accounts, dealing with taxes, selling property if needed. Usually made “durable”, meaning it continues if you become incapacitated.
Health care directive (sometimes called an advance directive or living will). Records your wishes about medical treatment, and usually names a health care agent to make decisions you cannot. Some states use a separate medical power of attorney for the agent.
A HIPAA authorization is the useful third piece: it lets doctors share information with the people you name.
Where to make them, and what it costs
| Service | What you get | Price |
|---|---|---|
| FreeWill | Health care directive and financial power of attorney, also free | Free |
| Trust & Will will plan | Will, health care directive, power of attorney, HIPAA authorization | $199 |
| Quicken WillMaker & Trust Plus | Will, health care directive, financial power of attorney, trust, for up to five family members | $149 |
| LegalZoom Pro Will | Will, health care directive, medical and financial powers of attorney, HIPAA form | $149, attorney plan renews at $25/month after 30 days |
| LegalZoom Basic Trust | Trust, pour-over will, directive, medical and financial powers of attorney, HIPAA form | $399 |
| Rocket Lawyer | Templates in the membership library | $149/year (Standard) |
The two to avoid if you need these documents: LegalZoom’s Basic Will at $129 is the will alone, and WillMaker’s Starter at $109 has a health care directive but no financial power of attorney.
Free, or part of a paid plan?
Free makes sense if you already have a will, or your will is simple. FreeWill’s documents are state-specific and free, with no card. You can make a power of attorney and directive there and buy nothing else.
A paid plan makes sense if you are also making a will or trust and want everything consistent, in one place, with the same people named in the right roles. WillMaker Plus is the cheapest complete plan for a couple, because it covers both of you. Trust & Will adds a HIPAA authorization and a refund window. LegalZoom’s Pro tier adds 30 days of attorney calls, useful if you are unsure who to name, but the plan renews unless you cancel.
Choosing your agents
The document takes twenty minutes; the choice of agents deserves longer.
- Financial agent: someone organised, honest and nearby enough to deal with banks. Name a backup.
- Health care agent: someone who knows your wishes and will carry them out under pressure, even if other family members disagree. Talk to them about what you want.
- Same person or different? Either works. Many people name a spouse for both, with an adult child as backup.
How to sign them
Signing rules vary by state and by document, so follow your service’s state-specific instructions. The general pattern:
- Financial power of attorney: signed before a notary. Banks and county recorders expect notarisation, and some states require it.
- Health care directive: signed before witnesses, a notary or both, depending on the state. California’s courts, for example, say that for most of these forms you sign in front of either a notary or two witnesses who are not involved in your estate.
Witnesses should usually be adults who are not your agents and not related to you. Our signing guide covers the session.
After signing
- Give copies of the health care directive to your doctor, your health care agent and your hospital.
- Tell your financial agent where the original power of attorney is.
- Ask your bank whether it needs its own form or an affidavit as well.
- Review both documents after a marriage, divorce, move or a change in who you would trust.
If you are over 60 or helping a parent, our page on the best online estate plan after 60 puts these documents in the wider plan.
Questions people ask next
What is the difference between a power of attorney and a health care directive?
A financial power of attorney lets someone handle your money and property if you cannot. A health care directive records your wishes about medical treatment and usually names someone to make medical decisions for you, sometimes in a separate medical power of attorney. You need both; they cover different decisions.
Does a power of attorney still work after I die?
No. A power of attorney ends at death. After that, your executor (under your will) or your successor trustee (under your trust) takes over.
Should my power of attorney take effect now or only if I become incapacitated?
A 'durable' power of attorney that takes effect now is simpler to use, because your agent does not have to prove you are incapacitated. A 'springing' one waits for incapacity, which can delay things when they matter. Choose someone you trust enough to give authority now.
Will my bank accept an online power of attorney?
A properly signed and notarised power of attorney made on your state's form should be accepted, but banks sometimes have their own forms or ask for an affidavit. Ask your bank in advance whether it wants anything extra.
Who should I give copies to?
Give the health care directive to your doctor, your health care agent and your hospital if you have one. Keep the original power of attorney safe and tell your agent where it is.
Sources
This page is general information, not legal advice. Laws differ by state and change; talk to a licensed attorney about your situation.