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LEGAL INSIGHT
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C O V E L L I L AW O F F I C E S , P. C .
Spring into a
Springing Power of Att orney
W
ith buds on the trees and fl owers
starting to bloom, the spring season is
a time of renewal and rebirth. Spring
is not only a time to “spring clean”
your landscaping at your home, but also a perfect time
to take stock of your lifetime planning, tidy up your
emergency plans, and consider a “Springing Power of
Attorney.”
“Just like nature springs into existence, a springing
power of attorney becomes eff ective once a predefi ned
set of circumstances are met,” said Joe Covelli of
Covelli Law Offi ces. “The validity of a springing power
of attorney must be determined by a third party in
accordance with the terms of the document. A clearly
written springing power is an instrument that can allow
an individual to sidestep issues arising from subjective
doctor reports, HIPAA laws, and pushback from fi nancial
institutions.” Medical triggers in a springing power of
attorney must be carefully crafted, to avoid delay and
additional expense.
Because a springing power of attorney is a
conditional, “If-then” type of legal vehicle, it is perfect
for people of all age groups to consider. According
to Covelli, the practice is especially common among
members of the armed forces.
“The document can be limited in terms of duration,
so someone in the military can have a springing power
of attorney exist while they’re on active duty—and
cease when they are no longer deployed,” he explained.
“Young people and seniors also can benefi t because,
unfortunately, young people can be involved in an
accident, which may leave them incapacitated or in a
coma, for example. Their incapacitation could be the
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trigger for their springing power of attorney. It’s not just
for cases where an elderly loved one is suff ering from
dementia or Alzheimers.”
Once the springing power of attorney becomes
eff ective, the grantee, or individual who was chosen by
the now-incapacitated person, can immediately “spring”
into action, and begin handling important fi nancial and
healthcare decisions in real time.
“Without a power of attorney in place, you’d be facing
a lot of uncertainties, like whether the written report of
a medical doctor would be suffi cient to allow a trusted
grantee to act on your behalf. Third parties may or may
not accept the circumstances, or there may be a delay
in the determination of medical professionals necessary
in order to eff ectuate a springing power of attorney,”
Covelli said. “The person you want to make decisions for
you could face roadblocks if your power of attorney isn’t
in place. At the very least, they’d be losing a lot of time,
when time could be most critical.”
So this year, when you see the fi rst shoots starting to
come up in your fl ower bed or buds on your trees, don’t
just think spring — think springing power of attorney.
Covelli Law Offi ces is able to help you understand
all power of attorney issues, wills, and every other
aspect of your estate planning. Everyone receives
a free initial consultation. At your appointment, an
experienced attorney will advise you as to what role
he or she can play in your situation to help the most,
and give you an up-front cost for services. For more
information or to schedule your free initial consultation,
call 412.653.5000. Covelli Law is located at 357 Regis
Avenue (across from the Pleasant Hills-West Miffl in Post
Offi ce).
Joe Covelli has over 37 years of legal
experience and is a “5 Star Professional
Award” recipient. He is a member of the
National Academy of Elder Law Attorneys,
and he heads a team of attorneys with
expertise in several areas of the law. For
more information, call 412.653.5000, or visit
www.covellilaw.com.
FREE Consultation | Call Today! 412.653.5000
WEST JEFFERSON HILLS
❘
SPRING 2019
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