A Power of Attorney (“POA”) is a document by which its maker (known as the “principal”) gives authority to an “attorney-in-fact” to act on the principal’s behalf in financial or healthcare matters. The attorney-in-fact doesn’t have to be an actual attorney, but can be anyone person over the age of 18 chosen by the principal to act on his or her behalf. The principal can limit the POA to a specific purpose, duration, or both, or the principal can grant an unlimited POA; however, two statutory limitations on all POAs are that the principal cannot grant the power to make a will and all powers of attorney end upon the death of the principal.
An advance health care directive (also known as living will, personal directive, or advance directive) is a is a particular type of POA in which a declarer executes a set of written instructions that specifies what actions should be taken for their health if they are no longer able to make decisions due to illness or incapacity. The instruction appoints an agent to make such decisions on their behalf.