Can you still make decisions after drafting a power of attorney?

If you recently received a serious medical diagnosis, you may be reevaluating your estate planning. Perhaps you’re considering using a medical power of attorney. In case of an emergency or if things take a turn for the worse, you want to choose an agent who can help your medical team and family make decisions. This can also help avoid disputes since you’re choosing one person you trust to make these decisions, so your family doesn’t have to debate over what they think you would have wanted. 

However, you may be worried about drafting a power of attorney because you don’t want to turn over all your rights today. You can still currently make your medical decisions. If you draft the medical power of attorney, though, do you give up that right? Does this mean you should wait until it’s absolutely necessary to complete the documentation?

A durable POA vs. a springing POA

If you use a durable power of attorney, it goes into effect right away. You draft it, sign it and file the paperwork, and then your agent can make medical decisions on your behalf. There are scenarios where this can be beneficial, but it does mean you’re giving up your own rights.

However, you can also use a springing power of attorney, which only “springs” into action when it’s needed. For example, you might specify that the POA is triggered by incapacitation. If you become incapacitated after a stroke and can’t communicate with doctors, your medical power of attorney goes into effect and your agent can make decisions. If you recover and are no longer incapacitated, those rights revert to you.

As you can see, it’s very important to understand the intricacies of estate planning documentation and the legal steps you can take.