When Does My Power of Attorney Go Into Effect?

 Posted on February 20, 2025 in Estate Planning

Aging adults are sometimes reluctant to execute powers of attorney, fearing that they could enable the agent to take control of their finances or place them in a nursing home over their objections. While it is reasonable and understandable to have these fears, knowing how powers of attorney work and when they go into effect will likely make you feel more comfortable creating these essential legal documents. Powers of attorney exist first and foremost to protect the person who creates them. There are different types of POAs you can use depending on whether you want your agent’s powers to go into effect immediately or not until you are incapacitated. An experienced Glen Ellyn, IL estate planning lawyer can help make sure you have the right incapacity planning documents prepared when you need them.

Springing Powers of Attorney 

Springing powers of attorney are the most commonly used in incapacity planning. When you sign a springing power of attorney, the agent you name has no power to act on your behalf unless or until you have been formally deemed incapacitated. Many people never become aware when their springing powers of attorney take effect due to aging-related cognitive decline. Your doctor will be involved in deciding whether you are incapacitated, which gives you an extra layer of protection.

Should you return to capacity, your POA will lose effect. For example, if you are incapacitated for a week after suffering a head injury but recover, your POA will only be in effect during the time you are incapacitated.

If you become incapacitated in your old age, someone will need to step in to manage your affairs one way or another. Using a power of attorney lets you choose who that person will be and spares you the loss of privacy that can come with guardianship proceedings.

Durable Powers of Attorney 

Durable powers of attorney go into effect immediately and remain in effect should you become incapacitated. This type of POA is most useful if you want help managing your financial affairs now and are ready to give your adult children or others you trust the power to act on your behalf. You may need at least a limited-in-scope POA if you want someone else to carry out tasks like going to the bank for you. You can revoke your POA up until you become incapacitated if you find that the arrangement is not working.

Contact a Glen Ellyn, IL Elder Law Attorney

NN Legal Group is dedicated to helping aging adults create the right incapacity planning documents. Our experienced DuPage County, IL powers of attorney lawyers will work closely to ensure that your documents will only take effect when you want them to. Contact us at 630-474-0925 for a complimentary consultation. Hablamos Español.