Written by Benjamin Kingsley
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A springing power of attorney is a legal document that grants authority to an agent to act on behalf of the principal, but only under specific circumstances or conditions. Unlike a traditional durable power of attorney, which takes effect immediately upon signing, a springing power of attorney “springs” into effect only when a predetermined event occurs, typically the incapacitation of the principal.
The key feature of a springing power of attorney is its conditional nature. The document specifies the exact circumstances under which the agent’s authority becomes active. Common triggering events include the principal’s mental or physical incapacity, as determined by one or more physicians. This arrangement allows the principal to maintain control over their affairs for as long as possible while ensuring that a trusted individual can step in to manage matters when necessary.
It is important to note that springing powers of attorney can present certain challenges. The primary concern is the potential difficulty in determining when the triggering event has occurred, which can lead to delays in the agent’s ability to act. For instance, if the document requires a physician’s certification of incapacity, obtaining such certification may take time, during which important decisions or actions may be delayed.
When creating a springing power of attorney, it is crucial to clearly define the triggering event and the method for determining when that event has occurred. The document should also specify the scope of the agent’s authority and any limitations on their powers. As with all legal documents, it is advisable to consult with a qualified attorney to ensure that the springing power of attorney is properly drafted and aligns with the principal’s wishes and applicable state laws.
Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.
Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.