ABA Family Legal Guide

The Rights of Older Americans

A Right to Control Your Own Affairs

Durable Power of Attorney

What if I do not want a power of attorney to take effect now, but only if I become disabled or incapacitated?

In general, a durable power of attorney becomes effective when you sign it. However, you may tell your agent not to act until you become incapacitated or disabled. If your agent acts prematurely, you still have the right to act on your own behalf, and you may revoke the durable power of attorney at any time while you still have capacity. It may be possible to write your durable power of attorney so that it becomes effective only if you become incapacitated. This is called a springing power of attorney. Many states allow you to write this type of durable power of attorney. Consult a knowledgeable lawyer to find out what is possible in your state.