One question you may have while drafting a power of attorney is when it actually goes into effect. The reason for this is that you are essentially signing away some of your rights.
For instance, say that you create a legal power of attorney so that someone else can do things like paying your taxes, paying your mortgage or accessing your bank account. You are typically the only person who has the right to do this, but the power of attorney authorizes your agent.
The same thing happens with a medical power of attorney. You are giving your agent the ability to make medical decisions, approve treatments and talk with your doctor. But you don’t want to give up these rights at the very moment you draft the power of attorney, so when does it apply?
If you become incapacitated
Generally, a power of attorney is set up so that it goes into effect if key stipulations are met. Usually, people choose incapacitation. Once a person is incapacitated, they can’t make these decisions on their own, so their agent steps in and does it for them.
Incapacitation could happen in many ways. Sometimes, it’s due to a degenerative brain disease, such as Alzheimer’s, that means the person isn’t fully aware of the decisions they’re making. Other times it could come after a serious medical event, like a heart attack or a car accident, which leaves someone in the hospital and unconscious while they recover.
If a power of attorney is drafted correctly, you don’t have to worry about turning over any of your rights in advance. Just be sure you know exactly what legal steps to take.
