Perhaps the most important aspect of designating a power of attorney is deciding who you want to appoint as your legal representative. In most of United States, whomever you appoint is called an “attorney” (not to be confused with a “lawyer”, though they could be a lawyer). In addition to ensuring that this person is someone that you trust to carry out your wishes, you will also want to confirm that they are ready, willing, and able to act on your behalf.

Note that for a power of attorney to be valid, you must be mentally capable when you sign it, among other requirements.

A Representation Agreement is a legally binding agreement that authorizes someone to make most personal and healthcare decisions on your behalf. A Living Will (or ‘Expression of Wishes’), on the other hand, typically only includes your wishes related to end-of-life care (such as your desire for ‘heroic measures’ to sustain your life) and is considered to be only a morally binding rather than legally binding agreement. A Living Will can provide direction to the persons set out in your Representation Agreement on what kind of care you want, but it is preferable to include these instructions in a legally binding Advance Directive.