You can use a power of attorney to decide who can make important decisions on your behalf if you are unable to do so. These are important estate planning documents that allow you to plan for an unpredictable future.
For example, you may decide to use a legal power of attorney. This could give your selected agent the ability to access your bank accounts, engage in real estate transactions or pay taxes on your behalf.
You can also use a medical power of attorney. Your agent is then given the ability to make medical decisions for you. This can be helpful if you suffer an emergency, such as a stroke, and doctors need input on what type of care should be provided.
The role of incapacitation
With a springing power of attorney specifically, you get to decide when it goes into effect. Even if you write your power of attorney today and include it in your estate plan, your agent does not necessarily have the ability to make legal or medical decisions for you immediately.
What people often do is specify that the agent can only start making these decisions if they become incapacitated. To continue with the example above, if you have a stroke, you may not be able to communicate with the doctors. Because of this incapacitation, your agent can then work with them to make critical medical decisions in real time, ensuring that you still get the care you need.
A power of attorney is just one type of estate planning document to consider. Carefully evaluate all of your legal options while getting your plan in place.
