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Springing powers may be useful in power of attorney documents

On Behalf of | Jan 22, 2019 | Elder Law

It can certainly be difficult to consider, but many Texas residents will likely face a time in life when they cannot make sound decisions any longer. This type of scenario affects many people as they age because mental and physical decline is common. Due to this possibility, it is wise to make preparatory arrangements, including naming a power of attorney agent.

A power of attorney agent can act on a person’s behalf when needed, especially when it comes to making financial or health-related decisions. Individuals may want to consider creating a durable power of attorney document, which would give their agents the ability to continue acting on their behalves in the event of incapacitation. Having a trusted person to act on one’s behalf could make a number of situations easier.

Of course, some people may worry about the possibility of their agents acting when they should not or otherwise abusing their powers. If people do have this concern, they may want to consider adding springing powers to their documents. This means that the agent cannot act until one or more doctors deem the person incompetent or unable to carry out daily living activities. This safeguard could prevent an agent from trying to act while the person is still competent.

The types of stipulations a person wants to include in his or her power of attorney document will differ from case to case. Each Texas resident has unique ideas about care and assistance. Because of these unique ideas, it is important that individuals plan ahead to make sure that their wishes are known.


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