Beware the Springing Power of Attorney: More Trouble than It’s Worth
When you visit your lawyer to do an enduring power of attorney, you’ll likely be advised that the authority of your attorney (the person/people you’re naming to handle your affairs) begins as soon as the power of attorney is signed. The power of attorney does not just begin when you lose capacity. Your attorney can start using the document right away. Some clients are concerned about this and ask if the power of attorney can be changed so that it only takes effect once they lose capacity. This is called a “springing” power of attorney, and is often a bad idea.
