Wills, POAs and advance directives

Which paper does what

• WillSays who gets your property and who carries out your wishes (the executor). It works after you die.
• Financial POANames an agent to handle money matters for you. ACL describes a durable one as letting you authorize someone to handle money matters now or later, when you can no longer manage them.
• Health-care agentA durable power of attorney for health care names a person to make medical decisions if you cannot.
• Living willStates which treatments you do or do not want if you are dying or permanently unconscious.
• Not a POAVA Forms 21-22 and 21-22a. They appoint a rep for VA claims only. See panel 3.

NIA says a living will is one type of advance directive and is different from a will, which covers property and finances. NIA also says a durable power of attorney for health care names your health care proxy.

State law governs signing. NIA says a directive may need a witness or a notary and tells you to read your state's instructions closely. VA says state forms are binding under that state's law, and some states require a specific form. Look up your state's rules before you sign, and review a living will at least once a year and after a divorce or move.

The VA advance directive (Form 10-0137)

VA's form is named "VA Advance Directive: Durable Power of Attorney for Health Care and Living Will." It lets you name people to make health care decisions for you and tells VA providers your wishes. VA lists the March 2024 revision on its form page.

• VA says you may complete neither part, one part, or both. Choosing not to have one will not affect your access to VA health care.
• Any adult you name can be your agent. VA advises picking someone you trust who knows you well, and checking that they are willing.
• Give a copy to your VA health care provider, who adds it to your medical record. Give a copy to your agent too.
• VA says it recognizes VA, state and Department of Defense advance directives. You can use a valid state form instead of the VA form.
• If you name no one, VA's information sheet lists a default order of surrogates: guardian, spouse, adult child, parent, sibling, grandparent, grandchild, close friend.

VA claim forms are not a general POA

• 21-22"Appointment of Veterans Service Organization as Claimant's Representative." For a VSO rep.
• 21-22a"Appointment of Individual As Claimant's Representative." For an accredited attorney or claims agent.
• 21-0845"Authorization to Disclose Personal Information to a Third Party." Lets VA share your information with a non-VA person or organization.

VA says VSO representatives are free. An accredited attorney or claims agent can charge fees. Both you and the representative must sign the form. VA does not assign a rep automatically, and a new appointment replaces your current one.

These forms are about VA benefits and claims. VA does not describe them as a way to manage your bank account, sign contracts or make medical decisions. For that you use the other documents on this page.

Beware people who charge to prepare your claim. See Veteran scams and claim sharks.

VA fiduciary and Social Security payee

If VA finds you cannot manage your VA money, VA appoints a fiduciary. VA's page says this can be because of injury, disease, the infirmities of advanced age, being under the age of majority, or a court finding. VA does a field examination and selects the fiduciary. It will first try to qualify the person you prefer.

More on that program: VA fiduciary program.

Social Security works the same way for its benefits. SSA appoints a representative payee. SSA says a power of attorney is not enough: the agent must still apply to be the payee, and a joint bank account does not give legal authority either.

Military legal assistance

Title 10 section 1044 lets the services provide legal help on personal civil legal affairs. It lists active-duty members, members and former members entitled to retired pay, certain Reserve component members after mobilization, their dependents, and some survivors. It is subject to available legal staff.

The word "veteran" does not appear in the statute. So veteran status alone is not enough. A retiree with retired pay is on the list. A veteran who separated without retired pay generally is not.

An installation page I read (Fort Wainwright) lists "soldiers, retirees and their family members (military ID card holders)." It says wills need an appointment, while powers of attorney and notary are walk-in. Each office sets its own hours and rules, so call before you go.

If you are not eligible, see Free legal help for veterans.

What families need afterward

• DD-214: VA recommends including it with burial and survivor claims. See Get your DD-214.
• Burial allowance: VA says apply with Form 21P-530EZ. For a non-service-connected death the claim generally must be filed within 2 years after burial. Service-connected deaths have no time limit.
• Accrued benefits: VA says apply within 1 year of the death. Statute: 38 U.S.C. 5121(c). See Accrued benefits and substitution.
• Survivor pay: DIC and SBP.
• Retired pay: DFAS says it does not accept a Durable Power of Attorney for annuitants. For arrears of pay it wants a court-ordered executor, and says naming an executor in the will is not the same.
• Life insurance: SGLI and VGLI pay the beneficiaries you named. VA's handbook says a change must be in writing, signed and received before death. It does not say a will can change the designation, so do not assume it does.

What I could not verify

• I did not find a government page I opened that states a financial POA ends at death. This is generally how it is described, but ask a lawyer.
• I could not confirm from a VA page whether a private POA affects a VA fiduciary appointment.
• VA's pages do not say whether an SGLI or VGLI beneficiary designation overrides a will. Ask VA Life Insurance or a lawyer.
• VA's form page does not say how VA's record system stores an advance directive. I only found that your provider adds it to the medical record.
• I could not confirm whether a Reserve or Guard retiree not yet drawing pay is covered at every legal office. Ask the office.
• NIA pages for financial POA did not load for me, so I rely on ACL for that definition.

Practical checklist (my suggestion)

This is my own practical list, not a legal or VA rule.

1. Fill out an advance directive. Use the VA form or your state's form.
2. Give copies to your agent and your VA provider.
3. Ask a lawyer or military legal office about a will and a financial POA.
4. Check your SGLI/VGLI and retirement beneficiaries. Update them after a marriage, divorce or birth.
5. If you want help with a VA claim, pick an accredited rep and sign 21-22 or 21-22a.
6. Keep the DD-214 and these papers in one place your family knows about.
7. Tell your family where the papers are. Review every year.