Gabor & Marotta LLC
  • Home
  • Attorneys
    • Richard M.Gabor
    • Daniel C. Marotta
    • Ilyssa Gabor
    • Matthew Medaglia
  • Practice Areas
    • Probate And Estate Administration
    • Real Estate Purchases And Sales
    • Tax Law
    • Business Law
    • Trademark Law
  • Articles
  • Blog
  • Contact

 718-390-0555

Gabor & Marotta LLC

New York: 212-349-1200 | Staten Island: 718-390-0555

  • Home
  • Attorneys
    • Richard M.Gabor
    • Daniel C. Marotta
    • Ilyssa Gabor
    • Matthew Medaglia
  • Practice Areas
    • Probate And Estate Administration
    • Real Estate Purchases And Sales
    • Tax Law
    • Business Law
    • Trademark Law
  • Articles
  • Blog
  • Contact

Trusted Attorneys For Estate Planning And Administration, Real Estate, Tax Matters And More

  1. Home
  2.  → 
  3. Estate Planning
  4.  → 
  5. Why a springing power of attorney is important 

Why a springing power of attorney is important 

On Behalf of Gabor & Marotta LLC | Jul 17, 2023 | Estate Planning |

It’s important to have someone else in place to make certain decisions for you, such as using a medical power of attorney to give your agent the ability to make your medical choices. You may also use a power of attorney to give that individual the ability to make legal or financial decisions on your behalf. This is a very common part of estate planning.

At the same time, you likely want to keep your own ability to make these decisions for as long as possible. This is why you need to use a springing power of attorney, which only springs into effect if you become incapacitated. As long as you can make your own decisions, you still have the right to do so, and no one else can take that from you. But if incapacitation occurs, then someone else does have the legal right to act on your behalf – with your best interests in mind.

What does incapacitation mean?

The only problem that sometimes crops up here is when people disagree on what incapacitation means. It may be very obvious. Perhaps you’ve had a heart attack or a stroke. You are in a medically induced coma while doctors decide what to do next. You clearly can’t coordinate with those doctors or tell them what type of treatment you want, so your agent does it for you. You get the treatment and recover, and everything has worked as expected.

But what if you have a degenerative brain disease? Maybe it’s getting harder for you to make important decisions. But where is the line that makes it impossible? There are some cases where an elderly person will still believe they can make all their own decisions, but their heirs may argue that a cognitive disorder means that they are now incapacitated.

As you can see, these are complex situations. Planning in advance is key, so be sure you know what steps to take. 

Recent Posts

  • Your life insurance likely supersedes your estate plan
  • Contesting a will is possible in limited circumstances
  • Power of attorney: What duties can you give your agent?
  • What are the legal requirements for contesting a will?
  • When a testator can’t understand the will they’re signing

Archives

Categories

  • Estate Administration & Probate
  • Estate Planning
  • Firm News
  • Probate Litigation
  • Real Estate Purchases And Sales
  • Tax Law
  • Trusts
  • Wills

RSS Feed

Subscribe To This Blog’s Feed

Contact Us Now

New York: 212-349-1200

Staten Island: 718-390-0555

New York Address

79 Madison Avenue
7th Floor
New York, NY 10016
New york Law Office Map

Staten Island Address

1878 Victory Boulevard
Staten Island, NY 10314
Staten Island Law Office Map

Attorney advertising

  • Follow
  • Follow
Review Us

© 2026 Gabor & Marotta LLC • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw