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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.