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What is a Springing Power Of Attorney and How Does It Work?
Definition & Meaning
A springing power of attorney is a legal document that grants someone the authority to act on your behalf, but only after a specific event occurs. This event is often the determination that you have lost the capacity to make decisions for yourself, typically confirmed by a medical professional. Until that event happens, the power of attorney remains inactive, or "dormant." Once the specified conditions are met, the agent can begin to exercise the powers granted in the document, similar to a durable power of attorney.
Table of content
Legal Use & context
Springing powers of attorney are commonly used in estate planning and healthcare decisions. They are particularly relevant in situations where individuals want to ensure that their financial and medical affairs are managed by a trusted person only if they become incapacitated. This document is often utilized in civil law contexts, especially in family and elder law. Users can create a springing power of attorney using templates available through services like US Legal Forms, which are drafted by qualified attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A person creates a springing power of attorney that becomes effective only after their doctor certifies that they are no longer capable of making decisions due to illness. Until that certification is provided, the agent cannot act on their behalf.
Example 2: A parent designates their adult child as their agent through a springing power of attorney, which will activate if the parent is diagnosed with a cognitive impairment (hypothetical example).
State-by-state differences
State
Requirements
California
Requires specific language to activate the springing provision.
New York
Allows for a springing power of attorney but must be notarized.
Texas
Must include a clear statement of the triggering event.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Durable Power of Attorney
Remains effective even if the principal becomes incapacitated.
Effective immediately; does not require a triggering event.
General Power of Attorney
Grants broad powers to the agent while the principal is competent.
Effective immediately; ceases upon incapacitation.
Common misunderstandings
What to do if this term applies to you
If you believe a springing power of attorney may be necessary for your situation, consider the following steps:
Consult with a legal professional to discuss your needs and ensure the document is properly drafted.
Use legal form templates from US Legal Forms to create a springing power of attorney tailored to your requirements.
Clearly outline the triggering event and ensure all parties understand their roles.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.
Activation: Upon loss of capacity as determined by a medical professional.
Agent: Must be a competent adult.
Duration: Remains inactive until the specified event occurs.
State Variations: Requirements may differ by state.
Key takeaways
Frequently asked questions
A springing power of attorney only takes effect after a specific event, while a durable power of attorney is effective immediately and remains valid even if the principal becomes incapacitated.
Yes, you can revoke a springing power of attorney at any time while you are still competent, following the proper legal procedures.
While it's possible to use templates, consulting a lawyer can ensure that the document meets all legal requirements and accurately reflects your wishes.