Springing Power of Attorney

A durable power of attorney that becomes effective only when certain predefined conditions (such as in the event of you becoming incapacitated) are met is called a Springing Power of Attorney. A Springing Power of Attorney, therefore, needs a clearly defined methodology (a well-documented procedure) for determining if you are incapacitated -thereby empowering your "agent" (i.e. your "attorney in fact") to start acting on your behalf. However, oftentimes is quite difficult to objectively/conclusively determine if you are indeed incapacitated. Therefore, many prefer to have a Durable Power of Attorney instead of a Springing Powers of Attorney.

A power of attorney is an instrument (a legally binding document) that allows an individual, a partnership, or a corporation to authorize a specific individual to act as its agent or attorney in fact for certain matters.

A Springing Power of Attorney is also sometimes called a conditional durable power of attorney. In other words, it becomes effective when it is determined/established that you have become incapacitated.

The formal determination of whether or not you have become incapacitated or mentally incompetent to make important decisions on your own is often a difficult and a subjective process in itself. For example, if you were to structure your springing power of attorney such that it becomes effective only when a doctor determines/certifies that you have become incompetent, it may not be of much help to you if your doctor is unable to make such a determination inspite of you being incapacitated. Therefore, unless your Springing Power of Attorney is creafted to avoid any such ambiguities, it may not do you any good should your diminished capacity not meet your doctor's subjective interpretation of what constitutes to be legally incompetent.

If your power of attorney does not clearly outline a methodology for establishing what would constitute your becoming incapacitated/incompetent, your springing power of attorney may only be made effective if/when your agent swears in an affidavit to the effect that you have become incompetent. In other words, unless you carefully/clearly state a set of conditions necessary and sufficient for activatnig your springing power of attorney, you would be solely reliant upon your agent's subjective decisions.

It is very important, therefore, to have your Springing Power of Attorney be prepared carefully -preferably with the help of an experienced and a well-qualified Power of Attorney lawyer specializing in Springing Power of Attorney related intricacies.

We are working on further augmenting this document with links to Springing Power of Attroney Lawyers, Springing Power of Attorney law related legal professionals, and law firms specializing in Springing Power of Attorney related matters. You are, of course, welcome to suggest we add an URL link to your favorite Power of Attorney Lawer's website!

Power of Attroney related documents available at this website include: General Power of Attroney, Medical Power of Attorney, Durable Power of Attorney, Springing Power of Attorney , Limited Power of Attorney, and Power of Attorney Forms.

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