If I choose a durable power of attorney, how would my incapacity be determined? | Rebecca W. Geyer & Associates, PC | Compassionate Counsel for Every Generation | Contact Us Today | (317) 973-4555 | [ Ссылка ] | 11550 N Meridian Street, Suite 200, Carmel, Indiana 46032
A durable power of attorney can be drafted in a number of different ways to determine when the power of attorney would spring to life. The first type of power of attorney is called a springing power of attorney, which means it only springs to life upon one or two physician statements outlining that the person who's executed the power of attorney is no longer medically capable of handling their own affairs anymore. Generally because of some sort of cognitive decline. The drawback to drafting a power of attorney this way is that sometimes it's difficult to get doctors to execute statements quickly, and often decisions need to be made quickly without much notice.
The alternative to a springing power of attorney is to draft it so that the power of attorney is effective immediately, which means that no physician statements would be needed. The principle would still be able to act on their own, so the person who's executed it would be able to act on their own as long as they're healthy; but when they become incapacitated, the person who's serving on their behalf would not need a physician statement to do so.
