Wednesday, September 9, 2015
John C. Craft (Professor of Law, Faulkner University School of Law) recently published his article entitled, Preventing Exploitation and Preserving Autonomy: Making Springing Powers of Attorney the Standard, University of Baltimore Law Review: Vol. 44: Iss. 3, Article 4 Provided below is an excerpt from the article:
These reforms serve several purposes. First, springing powers of attorney may prevent an agent from financially exploiting his or her principal. Second, springing powers of attorney preserve a principal's autonomy, control, and independent decision making until help is needed (if it is ever needed),and thus support the durable power of attorney's role as an anticipatory document. Finally, springing effectiveness advances the goal of promoting the use of the durable power of attorney as an alternative to court-supervised guardianship. In contrast to immediately effective powers of attorney, principals are more likely to execute springing powers as a means to avoid the need for a future guardian or conservator.