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The legal papers families ask about most

Power of attorney, health care proxy, living will and HIPAA permission: what each one does, in plain English.

Last checked October 16, 2026

These are short definitions from the National Institute on Aging and HHS. They aren't legal advice. Laws differ by state, so talk to an elder-law or estate attorney about your parent's situation.

For money decisions

  • Durable power of attorney for finances: names someone who will make financial decisions for your parent when they're unable to. (NIA: Getting your affairs in order)
  • Living trust: names a person, called the trustee, to hold and distribute property and funds when your parent can no longer manage their affairs. (same NIA page)
  • Will: says how property, money and other assets are handled after death. Without one, state law decides. (same NIA page)

For health decisions

  • Health care power of attorney: names a health care proxy (also called an agent, representative or surrogate) who makes decisions if your parent can't. (NIA: Advance directives)
  • Living will: tells doctors how your parent wants to be treated if they can't make decisions about emergency treatment. (same NIA page)
  • NIA says most states provide advance directive forms for free, and a lawyer isn't required to create advance directives. (NIA: Getting your affairs in order)
  • NIA suggests giving copies to the health care proxy, doctors and lawyer. (NIA: Advance directives)

Talking to your parent's doctors

  • The HIPAA Privacy Rule doesn't require a provider to share information with family or friends unless they're the patient's personal representative. In some situations, providers may share information with family who are involved in care. (HHS: HIPAA for family members)
  • Giving a doctor permission to talk with you is different from naming you as health care proxy. Your parent may need to sign a form. (NIA: Getting your affairs in order)

If you've been named

The CFPB has free guides for people named in a power of attorney, court-appointed guardians and trustees. (CFPB: Managing someone else's money)

Sources