You’ve started working on your estate plan and initially used a living will. This allowed you to leave specific medical instructions, such as a preference not to be resuscitated or kept on life support.
Now, you’re considering using a medical power of attorney instead. Doing so means you don’t have to guess about every possible medical scenario in advance. Instead, you appoint an agent to make these decisions for you if the need arises.
But does creating a medical power of attorney mean you’re giving up your rights immediately? Could your agent start making medical decisions for you right away? And does this make a living will the better choice?
A springing power of attorney
In most cases, people in your situation will opt for a springing power of attorney. This type of power of attorney only takes effect under specific conditions, such as incapacitation.
This means you retain full control over your medical decisions as long as you are capable of making them. Drafting and filing a medical power of attorney does not surrender your rights today. However, if you were to become incapacitated—for example, due to traumatic injuries from a car accident or a stroke that leaves you in a medically induced coma—your agent would step in to make decisions on your behalf.
You’re not signing away your rights; you’re ensuring that someone you trust can act in your best interests when you are unable to do so.
Setting up your estate plan
It’s crucial to draft these documents carefully and ensure they align with your wishes. Take the time to explore your legal options and set up your estate plan properly.