Choose Who Speaks for You — Before You Need Them To
Two of the most important legal documents you can have aren't complicated — but most people put them off until a health scare makes them urgent. A power of attorney and a living will each do a distinct job, and having both in place means your family knows exactly what to do if you're ever unable to speak for yourself. I've been helping Gloucester County residents put these documents together for over 45 years, and I can walk you through both in plain terms.
Two Documents, Two Different Jobs
People often use the terms "power of attorney" and "living will" interchangeably, but they cover completely different situations. Understanding what each one does — and what it doesn't do — is the first step toward making sure you're actually protected.
Power of Attorney
A power of attorney is a legal document that authorizes someone you trust to handle financial and legal decisions on your behalf. That person — called your agent — can pay your bills, manage your bank accounts, deal with your property, and handle other legal matters if you become incapacitated or are otherwise unable to act for yourself. Without this document, your family may have no legal authority to step in, even for routine financial tasks.
Durable Power of Attorney
Some forms of power of attorney become void if you become mentally incapacitated — which is exactly when you'd need it most. A durable power of attorney remains in effect even if that happens. In most cases, this is the version I recommend, because it ensures your agent's authority holds when it matters.
Living Will
A living will — sometimes called an advance healthcare directive — is a separate document that records your wishes about medical treatment in advance. It tells doctors and hospitals what measures you do or don't want taken if you're in a terminal condition, a persistent vegetative state, or otherwise unable to communicate your preferences. It's not about who makes decisions; it's about what decisions get made.
Healthcare Proxy
A living will can also designate a healthcare proxy — a specific person authorized to make medical decisions on your behalf when you cannot. This is distinct from your financial power of attorney agent. You may choose the same person for both roles, or different people. I'll help you think through what makes sense for your situation.
Why These Documents Matter More Than Most People Realize
Without a power of attorney, a family member who wants to manage your finances may have to go to court to be appointed as your guardian — a process that takes time, costs money, and adds stress to an already difficult situation. Without a living will, your family may face painful disagreements about your medical care at the worst possible moment, with no written record of what you actually wanted. A healthcare directive NJ attorneys prepare is not just paperwork — it's the clearest gift you can give the people who love you.
What to Expect When You Work With Me
I handle these documents personally — you won't be passed to a paralegal or an associate. We'll sit down together, talk through your situation, and I'll explain every choice in plain language before anything is signed. Most clients leave with both documents finalized in a single appointment. My practice is built on being accessible and affordable, and estate planning documents are no exception.
Related Documents to Consider
A power of attorney and living will are often prepared alongside a will, and sometimes together with a plan for how your estate will be handled after you're gone. If you're thinking about any of these documents, it's worth addressing them together. You can learn more about my will preparation services on the Wills & Estate Administration page, or read about what happens after a loved one passes on the Estate Administration & Probate page.
Common Coverage Questions
Answers Designed To Keep You Protected
What is the difference between a power of attorney and a living will in NJ?
A power of attorney authorizes someone to handle your financial and legal affairs if you're unable to do so yourself. A living will documents your preferences for medical treatment if you're incapacitated and cannot speak for yourself. They cover different types of decisions and serve different purposes — most people need both.Does a power of attorney cover medical decisions?
No. A standard or durable power of attorney in New Jersey covers financial and legal matters only. Medical decision-making authority is handled through a living will or healthcare proxy designation, which is a separate document. I'll make sure you understand exactly what each one covers before we finalize anything.What happens if I become incapacitated and don't have a power of attorney?
Without a power of attorney in place, your family may have no legal authority to manage your finances or handle legal matters on your behalf. They would likely need to petition a court for guardianship, which takes time and involves legal costs that could have been avoided entirely with a simple document prepared in advance.Can I choose different people for my financial power of attorney and my healthcare proxy?
Yes, and in some cases that's the right choice. The person best suited to manage your finances may not be the same person you'd want making medical decisions. I'll walk you through the considerations so you can make a decision that reflects your actual relationships and wishes.Do I need a lawyer to prepare a power of attorney or living will in NJ?
New Jersey does not require an attorney to prepare these documents, but having one involved ensures they're properly drafted, legally valid, and actually say what you intend. Errors or ambiguities in a power of attorney can create serious problems down the road — working with an experienced attorney who knows New Jersey law is the most reliable way to get it right.
Serving Gloucester County and South Jersey
Law office of WIlliam A. Sheehan
My office is based in Woodbury, and I work with clients throughout Gloucester County — including Deptford, Washington Township, West Deptford, Glassboro, and Monroe Township — as well as neighboring communities across South Jersey. If you're looking for a power of attorney lawyer in NJ who will take the time to explain what you're signing and make sure it actually reflects your wishes, I'm glad to help.
