Powers of Attorney
Power of attorney and health care directives: the documents everyone needs
By Frank Stucki, Esq., MBA
Quick answer
A financial power of attorney lets someone you trust handle money and paperwork if you can't, and a health care directive names who makes medical decisions and records your wishes. Without them, your family may need to go to court for authority, even for routine bills.
Why does a healthy adult need these?
Accidents and sudden illness don't check your age first. If you're unconscious or unable to communicate, your spouse, parent or adult child doesn't automatically have authority to sign for you, access your bank account or talk to your insurer.
The alternative is often a court guardianship or conservatorship. That can take time and money, and the court, not you, chooses who's in charge.
What does a financial power of attorney do?
It names an agent to act for you on financial matters: paying bills, managing accounts, filing taxes, handling real estate or running a business.
A "durable" power of attorney keeps working if you become incapacitated, which is the point. Nevada and Washington both follow the Uniform Power of Attorney Act. In Nevada, a power of attorney under that Act is durable unless it says otherwise (NRS 162A.210).
What does a health care directive do?
A health care directive usually has two parts:
- A health care power of attorney names an agent to make medical decisions when you can't.
- Treatment instructions (often called a living will) record your wishes about life-sustaining treatment, comfort care and organ donation.
It also helps your doctors and family. Instead of guessing, they can follow what you wrote.
How does each state handle these documents?
| State | Financial power of attorney | Health care directive |
|---|---|---|
| Nevada | Uniform Power of Attorney Act, NRS 162A.200–.660; the statutory form at NRS 162A.620 states it must be acknowledged before a notary | Health care power of attorney, NRS 162A.700–.870; signed before a notary or two adult witnesses, with limits on who may witness (NRS 162A.790) |
| California | California's Power of Attorney Law; Frank prepares California plans directly | Statutory Advance Health Care Directive form, Probate Code § 4701; two qualified witnesses or a notary, and a patient advocate or ombudsman for skilled nursing residents |
| Washington | Uniform Power of Attorney Act, Chapter 11.125 RCW; signed and dated, then notarized or witnessed by two qualified witnesses (RCW 11.125.050) | A power of attorney can include health care authority; a separate directive under the Natural Death Act is notarized or signed before two qualified witnesses (RCW 70.122.030) |
| Utah | Uniform Power of Attorney Act, renumbered in 2024 to Title 75A, Chapter 2 | New Uniform Health Care Decisions Act, effective January 1, 2026, Title 75A, Chapter 9, with an optional form at 75A-9-110 |
What changed in Utah in 2026?
Utah adopted the Uniform Health Care Decisions Act, effective January 1, 2026 (Utah Code Title 75A, Chapter 9). It includes a new optional directive form, an option for an advance mental health care directive, and transition rules for directives signed earlier.
It also allows a witness to be present by real-time audio-visual connection in some cases, and it limits who may serve as a witness (75A-9-107). If your Utah directive was signed before 2026, it's a good time to review it.
Who should I choose as my agent?
Pick someone who is trustworthy, organized and willing to speak up for you. They don't need to live nearby, but it helps if they can act quickly.
Name a backup agent too. And tell your agents where the documents are.
Do these documents work across state lines?
Often, yes. Nevada recognizes a health care power of attorney validly signed in another jurisdiction (NRS 162A.790), and Washington gives effect to out-of-state directives to the extent its law permits (RCW 70.122.030).
Still, banks and hospitals are more comfortable with a document that follows their own state's form. If you split time between Las Vegas and Salt Lake City or Seattle, ask about it.
FAQ
Generally no. An agent's authority under a power of attorney ends at death. Your will or trust takes over from there.
Not always, since some states provide statutory forms. A lawyer helps tailor the powers, coordinate them with your plan and get the signing right.
Powers of attorney and health care directives are part of Signature Law's estate plans. Flat-fee plans are 50% off through the end of 2026.
Sources
This guide is general information, not legal advice. Reading it does not create an attorney-client relationship.
Questions about your situation? Frank Stucki, Esq., MBA handles flat-fee legal work in Nevada, Washington, Utah and California.