How to Create Life Planning Documents
(Including free options)
You do not have to wait for an emergency to make a plan.
A few basic legal documents can help make sure that someone you trust can make decisions for you, or care for your children, if you become unable to do so.
This page explains four common documents:
Power of Attorney
Medical/Health Care Power of Attorney
Living Will
Guardianship for Children
The exact requirements are different in every state. Use this page as a starting point, then check your state's official forms and requirements or talk with an attorney. If you reside in Arizona or New Mexico, Cleckner Law is here to help. We offer individual counsel as well as group classes. Regardless of where you reside, we hope the information below can be helpful.
1. Power of Attorney
A Power of Attorney (POA) allows you to give another person (your "agent") legal authority to handle certain matters for you.
Depending on your state's law and the document you use, this can include things such as:
Banking and finances
Real estate
Paying bills
Managing property
Handling business or other financial matters
A financial Power of Attorney is different from a Medical or Health Care Power of Attorney.
How do I get one?
In many states, you can:
Find the state's official Power of Attorney form or requirements.
Choose someone you trust to act as your agent.
Decide what authority you want to give them.
Complete the document.
Follow your state's signing, witness and/or notarization requirements.
Do not assume that a form from another state will meet the requirements where you live.
Some people use an attorney to prepare the document or review a form they completed themselves. This can be especially helpful if you own a business, have significant assets, have complicated family circumstances, or want to give your agent broad authority.
2. Medical or Health Care Power of Attorney
A Medical Power of Attorney, sometimes called a Health Care Power of Attorney or Health Care Proxy, lets you name someone to make health care decisions for you if you cannot make or communicate those decisions yourself.
This is different from a financial Power of Attorney.
Your health care agent may be asked to make decisions about things such as:
Medical treatment
Doctors and hospitals
Tests and procedures
Medication
Other health care decisions covered by your state's law
Think carefully about who you trust to speak for you. It is also a good idea to talk with that person about your wishes before you sign the document.
How do I get one?
Start by looking for your state's official health care directive or advance directive forms. Many states provide these forms for free through a state Attorney General's Office, health department, court system, or other government agency.
Follow your state's requirements for witnesses and/or notarization.
3. Living Will
A Living Will is a document that explains your wishes about certain medical treatment if you become seriously ill and cannot communicate your wishes yourself.
It is generally part of a group of documents called advance directives.
A Living Will is not the same thing as a Medical Power of Attorney:
Medical Power of Attorney: names the person who can make health care decisions for you.
Living Will: explains the medical care you do or do not want in certain circumstances.
Many people choose to have both.
Talk with your loved ones and health care providers about your wishes before an emergency happens.
4. Guardianship for Children
Planning for who will care for your children is different from creating a Power of Attorney.
A legal guardianship generally gives another person legal authority and responsibility to care for a child. In many circumstances, a guardianship requires a court proceeding.
The rules are very different from state to state.
If you are a parent, start by thinking about:
Who would you trust to care for your child?
Who knows your child well?
Where would you want your child to live?
Who could make important decisions for your child?
Who should be your backup choice?
Does the person you are considering agree to serve?
You should also understand that naming someone as your preferred guardian does not necessarily mean that person automatically becomes the child's legal guardian. The legal process depends on your state's law and your particular circumstances.
A will may also be important for parents because some states allow a parent to nominate a guardian for a child through a will or other estate-planning document. That is different from immediately creating a court-appointed guardianship.
If there is an existing custody case, dependency case, disagreement between parents, or other complicated family situation, get legal advice before relying on a standard form.
Can I Do These Documents for Free?
Sometimes, yes.
You do not necessarily have to pay a lawyer to get started, but it is always wise to consult an attorney as you finalize your documents.
Option 1: Look for your state's official forms
Start with your state's:
Court website
Attorney General's Office
Secretary of State
Department of Health
Legal aid website
State Bar
Search for terms such as:
"[Your State] Power of Attorney form"
"[Your State] health care directive form"
"[Your State] living will form"
"[Your State] minor guardianship forms"
Use official government websites whenever possible.
Option 2: Find free or low-cost legal help
If you cannot afford a private attorney, you may qualify for free or reduced-cost legal assistance.
The Legal Services Corporation (LSC) supports civil legal aid organizations throughout the United States. You can search for a legal aid organization in your area through LSC.
You can also use LawHelp.org to find free and low-cost legal information and legal aid providers by state.
The American Bar Association's Free Legal Answers program also connects eligible people with volunteer attorneys for certain civil legal questions in participating states.
Option 3: Ask about limited-scope or document-review services
You may not need to hire an attorney to handle everything.
Some attorneys offer services where you prepare the forms yourself and pay the attorney to:
Answer questions
Review your documents
Explain your options
Help you correct problems
Help with a more complicated situation
Ask whether an attorney offers limited-scope representation, document review, or another lower-cost option.
A Simple Starting Point for Every State
If you are not sure where to begin:
1. Find your state's official website.
2. Search for the four documents you need.
3. Download the state's forms and instructions, if available.
4. Read the signing requirements carefully.
5. If you have questions or a complicated situation, talk with an attorney.
6. Give copies of completed health care documents to the people who may need them — including your health care agent and, when appropriate, your doctor.
7. Keep your original documents somewhere safe and make sure the right people know where to find them.
If You Live in Arizona
Arizona provides free life-planning forms through the Arizona Attorney General's Office and Arizona courts.
Arizona's official Life Care Planning forms include:
Other advance-care-planning documents
The Arizona courts explain that these Life Care Planning forms are available at no cost, and the Arizona Attorney General's Office provides the forms as well.
Arizona also has official Power of Attorney resources through the Arizona Judicial Branch.
What about guardianship for children?
Arizona treats minor guardianship as a legal process. A guardian of a minor may be appointed by a court, and Arizona law sets out requirements and procedures for guardianship proceedings.
Because guardianship can involve court filings, notice to parents and other interested people, hearings, and other legal requirements, this is an area where legal guidance can be particularly helpful.
Arizona Families: Cleckner Law Can Help
If you are in Arizona and want help getting these documents done, Cleckner Law PLLC offers legal services for families through its Family Path.
Cleckner Law provides guidance with estate-planning needs, including our Family Path Children's Guardian Plan, wills, and trusts.
Individual legal guidance
If your situation is personal or complicated, you can work with an attorney to discuss your circumstances and your options.
Cleckner Law offers a free 20-minute consultation for people interested in working together.
Group classes
Cleckner Law also offers group classes designed to make life-planning documents more accessible and affordable.
The classes cover:
Power of Attorney
Medical & Health Care Power of Attorney
Living Will
Guardianship for Children
The classes include education, time to complete the document, an opportunity to ask questions, and a notary for completed documents.
Financial assistance may also be available for qualifying participants. Cleckner Law currently has funded, no-cost class spots through a local non-profit, The Welcome Wellspring.
Learn about Cleckner Law's group classes
Schedule a consultation with Cleckner Law
You Don't Have to Do Everything at Once
If this feels overwhelming, start with one document.
A simple place to begin is:
☐ Financial Power of Attorney
☐ Medical/Health Care Power of Attorney
☐ Living Will
☐ Plan for who should care for your children
Then make sure the documents are properly signed and completed under the law where you live.
The goal is simple: make your wishes known and give the people you trust the legal authority they may need before an emergency happens.
Important
This page provides general legal information, not legal advice. Laws and forms vary by state and can change. A document that works in one state may not meet the requirements of another state.
If you have a complicated family situation, disagreement between parents, significant financial or property interests, an existing court case, or questions about what document you need, consider speaking with an attorney in your state.
Cleckner Law PLLC's website content is informational and is not a substitute for legal advice or an attorney-client relationship.