When making an estate plan, you may consider the possibility of an unexpected medical event, like a heart attack or a stroke. You cannot know what the future holds, but you know there is the potential for such an event as you grow older. Your estate plan gives you a chance to make certain decisions in advance to address your future medical needs.
One way to do this is by using a springing power of attorney. In general, a power of attorney allows you to choose an agent who can make your medical decisions on your behalf. With a springing power of attorney, you choose an event that triggers it, such as incapacitation.
The advantage of a power of attorney
Setting things up this way means that you do not have to worry that your power of attorney is giving an agent any control over your medical decisions right now. At this time, you have not suffered a medical emergency, and you are still free to make all of your own choices. You are not giving up any of your rights or control.
But the benefit is that, if something sudden and unexpected happens, plans have already been made to address your medical needs.
It is true that you can use other documentation, like a living will, to spell out some of your wishes in advance. But with a medical power of attorney, your agent can consult with doctors or medical experts and make decisions based on the exact details of your situation. There is no guesswork involved. By selecting this agent directly, you ensure that the rest of your family knows who should make these important decisions.
Drafting your estate plan
A power of attorney can be a useful part of your estate plan, and there are many other documents to consider. It can help to work with an experienced attorney as you draft your plan this year.