Written by Benjamin Kingsley

Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.

Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.

A healthcare power of attorney typically becomes effective when the principal (the person who created the document) is determined to be incapacitated and unable to make their own medical decisions. However, the specific circumstances under which a healthcare power of attorney takes effect can vary depending on the language used in the document and the laws of the state in which it was created.

In most cases, the healthcare power of attorney will include provisions that outline when it becomes active. This is often referred to as a “springing” power of attorney, as it springs into effect upon the occurrence of a specified event. The most common trigger is when the principal is deemed incapacitated by one or more physicians.

It is important to note that some healthcare powers of attorney may be written to take effect immediately upon signing, rather than waiting for a determination of incapacity. This approach can be beneficial in situations where the principal wants their agent to have immediate authority to access medical information or make decisions, even if the principal is still capable of making their own choices.

The process for determining incapacity is typically outlined in the healthcare power of attorney document itself. It may require one or more physicians to examine the principal and certify that they are unable to make or communicate their own healthcare decisions. Some documents may also require a court to make this determination.

To ensure clarity and avoid potential conflicts, individuals creating a healthcare power of attorney should carefully consider and clearly specify when they want the document to become effective.

Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.

Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.