Why Is Defining Incapacity an Issue for a Springing Power of Attorney?

June 16, 2021

If you have a springing power of attorney document, this means that the document becomes active when you are incapacitated. One of the leading reasons why people choose a springing power of attorney is that it only becomes active in certain situations.

However, if your power of attorney document requires that you be incapacitated for your attorney in fact to take action, you’ll need to think about what incapacity means. You will have to define incapacity and then your doctor will have to agree that you meet that definition when the time comes.

How do you know when health changes could cause you to require help managing your finances and what if you need help before you reach the point of being incapacitated as defined by your document? But if your doctor believes that you do have capacity but your attorney or agent thinks you’re incapacitated, this can be very difficult for your attorney in fact agent to take the necessary action when you are unable to make decisions for yourself.

Set aside a time to sit down with an experienced estate planning lawyer to learn more about when and how to use a springing power of attorney or if a more general durable power of attorney might be more appropriate for your situation.


Practice Areas:



Schedule your free Exploratory phone call

Click here to see how we
can be of assistance.

Payment Portal
for Tax and Accounting invoice

This link offers a secure, quick way to complete your payment with Omni360 Advisors LLC.

Our Social Media

Connect with us on Social Media using the following buttons:

Visit our Podcasts

Listen in, Join the Conversation!

Recent Posts

Should You Gift Money to Your Children Now or Leave It to Them Later?

Should you give money to your children during your lifetime or leave it as an inheritance? Explore the family, tax, control, and legacy considerations that can help guide the decision. For many successful families, estate planning eventually raises ...

<p>The post Should You Gift Money to Your Children Now or Leave It to Them Later? first appeared on Integrated Tax Planning, Legal Planning & Financial Planning.</p>

What Happens to Your Financial Life When You Retire? A 12-Month Checklist

Retirement changes more than your work schedule. Use this 12-month retirement checklist to review Medicare, Social Security, cash flow, portfolio withdrawals, taxes, estate documents, and employer benefits. Retirement is often described as a milestone, but financially, it ...

<p>The post What Happens to Your Financial Life When You Retire? A 12-Month Checklist first appeared on Integrated Tax Planning, Legal Planning & Financial Planning.</p>

Your Mid-Year Financial Checkup: 6 Questions High-Net-Worth Families and Business Owners Should Ask

More than halfway through 2026, now is a smart time for business owners and high-net-worth families to review taxes, estate planning, cash, investments, insurance, and major life changes before year-end. August can be ...

<p>The post Your Mid-Year Financial Checkup: 6 Questions High-Net-Worth Families and Business Owners Should Ask first appeared on Integrated Tax Planning, Legal Planning & Financial Planning.</p>