When Does My Agent's Authority Start?

When Does My Agent's Authority Start?

Your power of attorney should specify when the authority you give your agent starts.  If your power of attorney does not specify when your agent’s authority starts, then his/her authority starts when you sign your power of attorney.  People often give their spouse or domestic partner a power of attorney that starts immediately.

Your power of attorney can provide that your agent’s authority starts on a specific date or when a specific event occurs.  This is called a springing power of attorney.  An example of a springing power of attorney is one that becomes effective only if you are incompetent to handle your own affairs.  You are incompetent to handle your own affairs if you have:

A.    An impairment in your ability to manage your property or business affairs;

B.     An impairment in your ability to make or communicate decisions even with the use of technological assistance; 

C.     If you are missing; or

D.    Outside the United States and unable to return.

Your springing power of attorney should name one or more persons (other than your agent) who are authorized to determine in writing whether the specific event has occurred.  If the specific event is that you are incompetent, that person has the right to access your health and Social Security records and to communicate with your health care provider.  If you do not name anyone, then your power of attorney becomes effective when a physician says in writing that A or B above exists or an attorney or judge says in writing that C or D above exists.  

Thomas T. Tornow has 33 years of experience helping people with their powers of attorney.  Contact his office at www.tornowlaw.com to schedule your free consultation.

Thomas T. Tornow, P.C.

By: Thomas T. Tornow

This post is exclusively for informational purposes. It is not legal advice. Viewing this post, using information from it, or communicating through this blog does not create an attorney-client relationship. Thomas T. Tornow, P.C. is not liable for the use or interpretation of information on this blog and expressly disclaims all liability for any actions you may or may not take based on the content of this blog.