You know that you want to use a power of attorney. Maybe you are making your estate plan and thinking about the future. You could have a stroke that leaves you suddenly incapacitated in the hospital. With a power of attorney, you can choose a medical agent who can talk to your doctors and make important medical decisions on your behalf, such as authorizing specific types of care.
But the problem is that you do not want to give up that right immediately. You would like to make your estate plan in advance, but you are currently able to make all of your own medical decisions. You do not want to give that right up by signing it over to your agent. Is your power of attorney going to take effect right away, and should you be concerned about who can make decisions on your behalf?
A springing power of attorney
This is typically not something you have to worry about because you can use a springing power of attorney, which means it does not go into effect right away. Instead, it only “springs” into effect after certain conditions are met. Prior to that, your agent cannot make medical decisions or any other choices on your behalf.
For example, if you are worried about incapacitating events like heart attacks and strokes, you could use incapacitation itself as the triggering event. This way, you can write an estate plan today that includes a power of attorney, and you can choose an agent who will put your best interests first. But they do not actually have to do anything until your medical team determines that you are incapacitated and need assistance.
Carefully planning in advance can help the future go smoothly, so make sure you know what options you have when drafting an estate plan.