Medical Powers of Attorney | Boulder Estate Planning Attorney
As a Boulder estate planning attorney James Newell routinely helps clients with medical powers of attorney. A medical power of attorney is an instrument through which someone grants to someone else the power to act on behalf of the principal with regard to medical decisions. A medical power of attorney can become effective immediately (standing) or it can become effective only at some later date or upon the occurrence of some specific event (springing). Usually that circumstance is the incapacity of the principal, as determined by the principal’s physicians.
Medical powers of attorney are almost always “durable.” A durable power of attorney is one that remains effective even when the grantor becomes incapacitated. The reason there is a distinction between durable and nondurable powers of attorney is because at common law an agency relationship was severed to the extent that an agent sought to take actions outside of those that could be done directly by the principal. A medical power of attorney would not be of much use if it could not remain in force past the point of the principal’s incapacity, which is the reason why medical powers of attorney are almost always durable.
If you are looking for a Boulder Estate Planning Attorney with a results oriented approach tailored to your matter’s specific needs, contact Newell Law. We have the experience and knowledge to ensure your estate planning documents will carry out your wishes.