Do You Immediately Give Up Your Rights with a Power of Attorney?

With a power of attorney, the goal is to give someone else the right to take action on your behalf. For example, a medical power of attorney allows you to choose an agent who is legally authorized to make medical decisions on your behalf if necessary. Without a power of attorney in place, they may not have the legal authority to take this step. It’s a vital part of an estate plan because it helps you plan for your future healthcare needs.

However, you may worry about giving up your right to make your own medical decisions—or financial and legal decisions, depending on the type of power of attorney you use. Once you choose an agent, does it mean you’re relinquishing control and turning over your rights to a third party? Should you be cautious about creating a power of attorney in advance, fearing the loss of your ability to make your own choices?

Certain conditions trigger the power of attorney

One way to address this concern is to use a springing power of attorney, which includes a clause specifying the conditions under which it goes into effect. Creating it now doesn’t mean your agent can immediately make decisions on your behalf. You haven’t surrendered your rights; you still retain full control over your healthcare decisions.

The triggering event is typically incapacitation. For instance, if you experience a serious medical event and are unconscious in the hospital, the power of attorney would activate. Once it’s clear that you cannot make your own medical decisions, the agent is authorized to step in. If you recover, your decision-making rights are restored.

A power of attorney can be incredibly helpful, but it’s essential to understand the legal steps required to set it up correctly. Contact us online or call today for a free consultation with Pennington Law, PLLC.