Planning for Incapacity with Colorado Powers of Attorney: Why It Matters

When most people think about estate planning, they focus on what happens after they pass away. But planning for incapacity is just as important. Illness, injury, or cognitive decline can strike at any time, and without the proper legal tools in place, your loved ones may be left powerless to help. That’s where powers of attorney come in. At Evergreen Law, based in Colorado Springs, we help individuals and families prepare for the unexpected with thoughtful, customized incapacity planning.

What Is a Power of Attorney?

A power of attorney (POA) is a legal document that gives someone you trust the authority to act on your behalf. There are two main types:

• Financial Power of Attorney – Allows your chosen agent to handle your finances, including paying bills, managing investments, and accessing bank accounts.

• Medical (Healthcare) Power of Attorney – Gives your agent authority to make healthcare decisions if you’re unable to do so yourself.

  
  

In Colorado, these documents are essential components of a complete estate plan.

Springing vs. Immediate Power of Attorney

When creating a financial power of attorney, you’ll need to choose whether it should be immediate or springing. An immediate POA becomes effective as soon as it’s signed, allowing your agent to act even if you’re still capable. A springing POA, on the other hand, only takes effect if you become incapacitated. At Evergreen Law, we help clients understand the pros and cons of each option to find the best fit for their situation.

Why Plan Ahead?

Without a valid power of attorney, your loved ones may have to go to court to be appointed as your guardian or conservator which is an expensive, time-consuming, and stressful process. By planning ahead, you stay in control, avoid court involvement, and ensure that someone you trust is empowered to help when it matters most.

Imagine the following lighthearted examples: Prince Charming is running the royal budget while Cinderella is off traveling the kingdoms on a goodwill tour. Suddenly, Cinderella trips on a glass slipper and is temporarily knocked out cold. No big deal until the Fairy Godmother needs someone to sign off on castle repairs and approve pumpkin carriage insurance. If Cinderella didn’t sign a financial power of attorney, Prince Charming might be stuck petitioning the Royal Court just to fix a leaky toilet!

And let’s not even talk about Ariel. After she traded her voice to Ursula (bad move), she couldn’t speak up at all—literally. If only she’d had a medical power of attorney, her dad King Triton could’ve appointed someone to advocate for her when she couldn’t communicate her wishes.

The moral of the story? Even fairy tale royalty needs incapacity planning. You never know when a sea witch or rogue apple might take you out of commission.

Who Should Have a Power of Attorney?

Everyone over the age of 18 should consider having both a financial and medical POA in place. Life is unpredictable, and incapacity doesn’t just affect seniors. Young adults, parents, and business owners all benefit from having a solid incapacity plan.

How Evergreen Law Can Help

At Evergreen Law, we work closely with Colorado clients to create durable powers of attorney that reflect your wishes and comply with Colorado law. Our estate planning process is clear, compassionate, and customized for each client’s unique situation. We also offer virtual estate planning services and flexible meeting options, including in-person appointments at our Colorado Springs office or your home.

Don’t wait for a crisis to put a plan in place. If you're looking for an estate planning attorney in Colorado Springs, we’re here to help. Contact Evergreen Law today to schedule a free consultation and learn how we can help you prepare for the future with confidence.