If you want to give someone else the ability to make important decisions on your behalf, you may want to use a power of attorney (POA). For instance, you may be considering your future medical needs. You can use a POA and choose an agent, giving them the correct authorization so that they can legally make medical decisions on your behalf if you’re not able to.
You can see how useful this document is, but you may also be concerned about when it takes effect. After all, you don’t need assistance with your medical decisions now. You’re simply trying to plan for an unpredictable future. So when does the POA take effect and give the person you choose to be your agent that ability?
If you become incapacitated
Most people who use a POA will simply specify that it only takes effect if they become incapacitated. This is referred to as a springing power of attorney.
The benefit is that, prior to incapacitation, you retain full control. You can still make your medical decisions, and even your agent can’t step in and overrule you.
However, if you become incapacitated, you know that someone you trust is there for you. Say that you suffer a stroke and have no ability to communicate with your doctors or you suffer a serious brain injury and are in a coma. Your agent will be authorized to talk with your medical team, limiting confusion for them and your family members. This helps ensure that you get the treatment that you need when you need it and that your wishes for when life-prolonging care is ended are respected and followed.
The key is to know exactly how to set up your POA to address these issues. With sound estate planning guidance, you can better codify your wishes.