Do you have a plan for what would happen if you couldn’t make decisions for yourself? What if you became incapacitated and couldn’t tell your loved ones what you want? If you don’t have an answer to these questions, then you need to consider creating a springing durable power of attorney. This document will designate someone to make decisions for you if you can’t do so yourself. Let’s take a closer look at what this legal document can do for you and your loved ones.
What is a Springing Durable Power of Attorney?
A springing durable power of attorney (POA) is a legal document that designates someone to make decisions for you if you become incapacitated and can’t make them yourself. This document is essential because it ensures that your POA carries out your wishes, even if you can’t communicate them yourself.
Without this document, your loved ones might face the formidable judicial court system trying to get authority to make decisions on your behalf. Court processes can last a long time and bring high costs.
Why Do I Need a Springing Durable POA?
Let’s look at what can happen without a springing durable POA. For example, let’s say that your parents are deceased and you have no child or spouse. However, you do have four brothers and sisters still living. In North Carolina, the law spells out who can make decisions for you without a power of attorney.
In this case, it would be a majority of your living brothers and sisters. What if they disagree about taking you off life support and can’t break the tie? If a majority cannot agree, they could end up fighting each other in court battles.
You can make taking care of you easier on everyone by making a decision now. In addition to naming a springing durable power of attorney, you can also guide your POA with advanced directives. These legal documents allow you to spell out your wishes for medical care, funeral arrangements, and more.
What are the Benefits of a Springing POA?
There are several benefits to having a springing durable power of attorney in place. First, it gives you peace of mind knowing that there is a plan for what would happen if you couldn’t make decisions for yourself.
Second, it can save your loved ones time and money because they won’t have to go through the court system to get authority to make decisions on your behalf.
Third, it allows you to choose who you want to make decisions for you, rather than leaving it up to the court system. It’s comforting to select someone who will have the power to make crucial decisions about your health care in an emergency. Knowing that your future has a plan gives peace of mind.
How Does a Springing Power of Attorney Work?
A springing power of attorney only goes into effect when you become incapacitated. You can become incapacitated due to an accident, illness, or old age. Once you’re incapacitated, your springing POA will spring into action.
Your POA can make financial decisions on your behalf, including paying bills and managing assets. They can also make medical decisions for you, such as choosing whether or not to discontinue life support. You can give them as much or as little power as you want.
You can also choose to have more than one springing POA. For example, you might have one POA for financial decisions and another for medical decisions. Having more than one POA can be helpful if you want to keep your finances and medical care separate.
It’s important to note that a springing power of attorney only goes into effect when you’re incapacitated. Once you’re no longer incapacitated, the springing POA is no longer in effect.
How Can I Create a Springing Power of Attorney?
If you want to create a springing power of attorney, you’ll need to find a lawyer specializing in estate planning. They can help you create the document and ensure it’s legally binding.
You’ll also need to choose someone to be your springing POA. This person should be someone you trust implicitly and know will make decisions in your best interest.
Once you have a springing power of attorney, be sure to keep it in a safe place where your springing POA can easily find it. You should also give them a copy of the document and ensure they understand their roles and responsibilities.
Creating a springing power of attorney is an essential step in estate planning. If you have questions about springing powers of attorney, speak with a lawyer. They can help you understand the process and ensure it’s right for you.
How Does a Springing Durable POA Work?
Other types of POA go into effect immediately instead of springing into action only when needed. Non-durable POAs also stop working if you become incapacitated.
However, a springing durable power of attorney only goes into effect if you become incapacitated and can’t make decisions for yourself. So, you still retain control over your choices as long you can make them yourself.
There are a few requirements to meet before the springing power of attorney can go into effect, which includes:
- You must be incapacitated and unable to make decisions for yourself.
- Your doctor must certify that you’re incapacitated and unable to make decisions for yourself.
- The person you’ve designated as your springing durable power of attorney must be willing and able to take on the responsibility.
If you don’t have a durable power of attorney in place, you should consider creating one as soon as possible. This document can give you and your loved ones peace of mind knowing that there is a plan for what would happen if you couldn’t make decisions for yourself.
Planning for Your Future
There are many things to think about when planning for the future. One of the essential items is ensuring you have someone you can trust to make decisions for you in an emergency.
Creating a springing durable power of attorney can help you feel more secure about your future! It can also help your family know what to do if you can no longer make decisions for yourself.
We Can Help
Hogan, Edwards, and Blue’s experienced estate planning attorneys help you plan for your future. We work with you to understand your unique situation and create a plan that meets your needs. We are here for you whether you need a durable springing power of attorney or a different type of POA. Find your peace of mind about the future! Contact us today to get started!