Most people think of estate planning as “making a will.” A will is the centerpiece, but it’s only part of a complete plan. The other documents — the so-called ancillary ones — protect you while you are still alive.

If you become incapacitated, no one will be reading your will. They’ll be looking for the documents that let your spouse access your accounts, that tell your doctors what you do and don’t want, and that let someone you trust speak for you.

Healthcare proxy.

A healthcare proxy appoints an agent to make medical decisions for you when you cannot make them yourself. It is the first document a hospital will ask for if you are unconscious or unable to communicate. Without it, your loved ones may have to go to court to be authorized to direct your care — in the middle of an emergency.

Most people remember the heartbreaking case of Terri Schiavo, the young Florida woman who suffered cardiac arrest at 26 and remained in a persistent vegetative state for 15 years while her husband and her parents fought a public, brutal legal battle over what she would have wanted. A healthcare proxy — signed by Terri before her injury — would have ended that fight before it began.

Living will.

A living will is your written statement of what you do and do not want at end of life: do you want to be kept on life support if there is no reasonable chance of recovery? Do you want artificial hydration and nutrition? Pain medication even if it shortens life? It is not a substitute for a healthcare proxy — it works with one. The proxy gives someone the authority to act; the living will tells them (and the doctors) what you would have wanted.

Some states use related forms called POLST or MOLST (Physician/Medical Orders for Life-Sustaining Treatment). These are doctor’s orders that translate your wishes into something an EMT or hospital can follow. Ask your physician whether one is appropriate for you.

Durable power of attorney.

A durable power of attorney appoints an agent to make financial and legal decisions for you if you become incapacitated. Without one, your family may have to petition a court for a guardianship — an expensive, public, and slow process — just to pay your mortgage, deal with insurance, or manage your business.

The word “durable” matters: a non-durable power of attorney terminates when you become incapacitated — which is exactly when you need it. New York’s POA form was significantly updated in 2021, and the older versions are no longer the right tool. If your POA is more than a few years old, it’s worth a fresh look.

HIPAA authorization.

A HIPAA authorization permits doctors and hospitals to release your medical information to people you name. Without it, well-meaning relatives may not be able to get even basic information about your condition. We typically include this language in the healthcare proxy itself, but a separate authorization can be useful in certain settings.

How they work together.

These documents form a system. The will and (often) a revocable trust handle what happens after you die. The healthcare proxy and living will handle medical decisions if you can’t make them. The durable power of attorney handles financial and legal matters if you can’t handle them. A complete plan covers all four.

And the documents need to be kept current. Healthcare proxies executed twenty years ago may name an agent who has since died, divorced you, or moved across the country. Hospitals look at the date.

Quick FAQ.

Can my spouse make decisions for me without these documents? In some narrow circumstances, yes — but only after going through procedures designed for unmarried people, too. The documents avoid the procedure. They give your spouse (or whoever you name) authority immediately.

Where should I keep them? Where they can actually be found. Your healthcare proxy and living will should be on file with your primary care physician and any specialist you see regularly. Your spouse or named agent should know where the original is. Your original will should be accessible too.

Are forms from the internet good enough? Sometimes the form is fine. Whether it actually accomplishes what you want, fits your state’s law, and integrates with the rest of your plan is a different question. We see lots of internet forms that name the wrong person, miss key powers, or simply weren’t signed correctly.

What if I already have these but they’re old? Bring them in. We’ll review what you have and tell you honestly what (if anything) needs to be redone.