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Wondering, if a doctor notes in an individuals medical record that the patient requires nursing home level care due to physical disabilities, does that provide basis for considering someone physically incapacitated and therefore activate a Springing Power of Attorney? The POA is military, general, durable but has a Springing clause. I am unclear as to what defines “physically incapacitated." This person is total IDL ADL dependant. I would appreciate any clear understanding and advice to this complicated question. Thank you. Also is a letter needed from the physician to deem someone physically incapacitated?

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What exactly does the springing provision say? Most springing POAs I review specifically state what is required to spring it. Does it say documentation about a physical or mental impairment from 1 MD or 2 MDs? Or a social worker and MD?

In my job, I rely on the POA provisions for springing. If a POA says 1 letter from a MD certifying X incapacity, we'll accept if we received the letter. If we don't receive the documentation required in the POA, we don't record and we refer the person to the POA provision outlining the requirements.
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If they can make their own decisions I don't think it comes into effect but as said, ask a lawyer.
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Actually, physical incapacitation is possible. Over a decade ago my father had multiple potentially terminal complications and had to be intubated, medically induced into a coma, and wouldn't have been able to make a decision b/c of the coma, although he had no mental incapacitation. The medical team agreed that he couldn't make decisions so I acted under his POA.

Emma, you raise a very good question.

What are the sources of his dependencies? Are they all physical? Can he still make reasonable decisions?

I'm reluctant to hazard an opinion b/c other than my personal experience, I'm not that familiar with physical incapacitation (unless someone might be in such a state due to medicine).

Who drafted the POA? An attorney? I think that would be the best person to ask, although I've found that they'll focus on the law, not the medical issues which cause the POA to be activated.

Good question; I'm anxious to read more answers.

CW, that was an interesting and complicated situation in the post you cited. Thanks for finding that.
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I found another thread that may help:

www.agingcare.com/questions/other-means-to-activate-springing-durable-power-of-attorney-430422.htm
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I'll answering to bump this question up.

I think you mean mentally incapacitated,not physically.
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