If your chosen agent is not among a small list of people automatically granted the ability to receive information about your medical condition, there may be a few more hoops of red tape for the both of you to jump through before they can act as your medical agent. In critical moments, especially during the lifesaving operation that might occur just before incapacity is determined, this can be an untimely delay for the POA to go into effect.įurthermore, your doctor is limited in their ability to disclose your medical condition – including a determination of incapacity – by state and federal medical privacy laws. An agent of a springing power of attorney must first get an official determination of incapacity from your doctor before they can make medical decisions on your behalf. One of the greatest drawbacks to a springing power of attorney is that it is limited to the official determination of incapacity. However, while practical, there are definite limits to what a springing power of attorney can do. Some people prefer this over a durable power of attorney because they dislike the idea of giving someone else the ability to make decisions in their name, while still being able to manage their own affairs. Most of the time, a power of attorney is limited to only being active when you have the means to refute or revoke an agent’s ability to act in your name.īeing incapacitated can effectively give your agent carte blanche to do as they please – while they have a fiduciary duty to do what is in your best interest, it can still be more difficult to revoke their abilities as your agent, and the process usually involves a judge.Īs such, you need to specify in your power of attorney document that you grant your agent the level of trust needed to act on your behalf even if you are incapacitated.Ī springing power of attorney will only grant an agent the ability to act on your behalf as per the terms of the POA document after you are incapacitated. Incapacity is a common obstacle to a regular power of attorney. For example, without a power of attorney, your unmarried partner might not have the same level of say over your health as your estranged parents. If you cannot communicate your wishes to your doctors, they will be forced to discuss your continued care with a personal representative, usually your next of kin.Ī healthcare power of attorney allows you to determine specifically who should step forth to make critical decisions regarding your health. In a more generalized purpose, a power of attorney can be written to give a chosen agent the right to take control of your accounts to continue to provide payroll, manage costs and bills, and fulfill your financial obligations while you are incapacitated.Ī healthcare power of attorney is also an important consideration for the case of incapacity. However, powers of attorney are also useful to protect your healthcare wishes and financial responsibilities from incapacity. You can create a power of attorney to explicitly limit the agent’s abilities to act on your behalf to the sale of this property, within a given period. For example, if you do not have the time to go oversee the sale of your property in another state, you can send an agent with a power of attorney to act in your name to authorize the sale. Powers of attorney are usually mobilized to help extend your ability to authorize things in your name to other people. They are highly flexible legal tools, meaning they can adapt to whatever you need them to do, provided the wording is correct and within the legal limits of what a power of attorney can do. Powers of attorney can be used to grant this right temporarily, or permanently. You can extend the ability to act on your behalf to multiple individuals. What is a Power of Attorney?Ī power of attorney ( POA ) is a legal tool that grants someone (an agent) permission to act on your behalf (the principal). Furthermore, a springing power of attorney limits an agent’s right to act on your behalf only if you are incapacitated. However, a durable power of attorney can be used to allow someone to act on your behalf even if you have been incapacitated. Most of the time, a power of attorney cannot be valid if the principal, or creator of the document, is incapacitated. Different power of attorney documents is used for different purposes. A power of attorney can be used to grant designated individuals, or “agents”, the right to act on your behalf, whether in a limited capacity or to fulfill a single purpose. Estate planning tools can be powerful when used appropriately.
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