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Can you draft a power of attorney too soon?

On Behalf of | Feb 2, 2025 | Estate Planning |

Many people procrastinate estate planning, saying they don’t want to do it too soon. For instance, they may want to draft a power of attorney so that another person can make healthcare decisions for them if necessary. However, they hesitate to do it while they are still in good health because they want to maintain control over all of their decisions.

But is it actually possible to create an estate plan too soon? Suppose you have been considering using a power of attorney to designate an agent to make medical decisions on your behalf. If you draft the document today, does that mean your agent immediately gains control over your medical care, forcing you to give up your ability to make decisions yourself? Would it be better to wait until you receive a serious medical diagnosis?

The role of incapacitation

Generally speaking, you do not need to wait. You can draft your power of attorney in a way that only takes effect if certain events occur. Typically, this means that it becomes active only if you become incapacitated.

In other words, you can draft the power of attorney today and designate your agent. You can also discuss with them what decisions you would like them to make and what your health care preferences are. However, they will not have any authority to act on your behalf unless the specified conditions—such as incapacitation—occur.

For example, 10 years from now, you could have a stroke that leaves you hospitalized and unable to communicate with your medical team. If the stroke renders you incapacitated, even temporarily, only then would your agent step in to make medical decisions on your behalf.

Setting up your estate plan

As you can see, it is important to carefully consider every aspect of your estate plan when deciding which documents to use and how to structure them. Take the time to explore all of your legal options as you go through this process.