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What Is Springing Power of Attorney?
Date Updated: July 26, 2024
Written by:
Ashlee Shefer is a freelance copywriter, content writer, and digital marketer who specializes in senior care, mental health, health care, and other wellness-related topics. She has one year of experience writing both short- and long-form content related to senior resources, assisted living, nursing homes, and home care, including blog posts, research-based articles, resource guides, product reviews, facility blurbs, finances, and care costs.
What does an agent do under a springing power of attorney?
Under a springing POA, an agent can assist with estate planning, financial management or medical decision-making, depending on what’s included in the document. They can pay bills or taxes, monitor bank accounts and maintain your home, vehicle or other personal assets. Additionally, they serve as a medical advocate, ensuring you receive appropriate treatment for health care needs. However, their duties only begin when you can no longer make informed decisions or specific circumstances occur.
It’s important to be specific when creating a springing POA to guide your agent’s decisions and actions. Seek advice from an elder law attorney if you need help drafting your document.
How does springing power of attorney differ from durable power of attorney?
While a springing POA and a durable POA often perform similar responsibilities, the main difference is when an agent’s duties begin. A springing POA only goes into effect once you become incapacitated or a specific situation outlined in the document occurs. Otherwise, the document remains inactive. A durable POA allows an assigned agent to start managing affairs on your behalf right away, even if you’re still mentally capable of making decisions.
A durable POA can be helpful in managing financial or legal matters if you wish to have fewer responsibilities or experience medical complications making it difficult to complete them yourself. No matter which power of attorney you choose, assign someone you trust who’ll make decisions in your best interest, especially if you become legally incapacitated.
When are you considered legally incapacitated?
You’re considered legally incapacitated when lacking the physical or mental ability to make informed decisions about your health, property or finances, although each state may have its own legal definition. Common situations of legal incapacitation include:
- Mental illnesses
- Cognitive impairments
- Intellectual disabilities
- Severe injuries or illnesses
- Court determination
A doctor typically determines your health or mental status and submits a written statement and medical records to court for a final decision. If family members challenge a doctor’s statement, the court may order an independent medical examination.