In many cases, creating a power of attorney can help you to appoint someone known as an agent to act on your behalf if and when you are unable to do so. The power of attorney typically becomes effective at a future date usually at the time that a person signs a subsequent written authority to act under the document, or at the time that the person who created the document is determined to be incapacitated.
Working directly with an estate planning attorney to create a power of attorney document is recommended. The strategy for drafting this document is critical for ensuring that the power of attorney agent has the appropriate authority to act and is very clear on their ability to do so and the timing of when the document becomes active.
A properly drafted power of attorney document will set forth how a person will be defined as incapacitated and, for example, can include standards, such as whether or not the person’s treating physician needs to sign a notarized statement indicating that the person is medically incapacitated.
This springing power of attorney means that the power of attorney document becomes active at some point in the future based on the specifics of the creator’s wishes. For more information about how to use a power of attorney to help guard against incapacity concerns, schedule a time to meet with a dedicated lawyer in Virginia Beach.