Q: I want to put in place a Power of Attorney that gives my designated agent power only if I become incapacitated.
A:
Theoretically possible but unwise.
Your designated agent may have to secure a final adjudication of your incapacity before others will allow them to use your POA. That could be time-consuming, expensive, and defeat the purpose.
A: This is called a springing power of attorney and any lawyer who drafts durable POAs will also be able to draft this.
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