The Ins and Outs of the Springing Power of Attorney

Create a Power of Attorney The Ins and Outs of the Springing Power of Attorney

Everything You Should Know About the Springing Power of Attorney

Creating legal documents is a tiring task, but it is also a necessary one if you want to protect your interests. If you are in need of a springing power of attorney document, you can turn to DoNotPay for help. Our app has all the info you need and can create a POA in a matter of minutes.

What Is a Springing Power of Attorney, and How Is It Different From a Durable POA?

A springing power of attorney is a type of durable power of attorney. A durable POA becomes effective as soon as created and stays valid even if the principal becomes disabled. A springing POA is also known as a conditional power of attorney and comes in effect only when the principal becomes mentally incompetent.

The person creating this type of POA should pay extra attention when appointing the agent (attorney-in-fact).

Who Can You Name as Your Agent for a Springing POA?

It is completely up to you to decide who you will name as your agent or attorney-in-fact for a springing POA. The only requirement is that the person is an adult. Your springing POA agent can be anyone you trust and are close to, such as:

  1. Spouse
  2. Adult child
  3. Close friend
  4. Trusted advisor (an attorney or an accountant, for example)

Make sure that the person you choose is trustworthy and, preferably, young. You should also find an alternate agent in case something happens to the first option or they decide they no longer want to act as your agent.

Sometimes, it is possible to choose two people to be your agents at the same time. This option could potentially complicate the paperwork, but it could give you more peace of mind.

Why a Springing POA Can Be Problematic

A springing power of attorney requires the principal to be specific about the event that will permit the agent’s power to “spring’’ into effect. If this information is not specific enough, the principal’s family could face difficulties. To prove that the principal's incapacitation can trigger the POA, the family usually needs to get a certification from at least one doctor. A durable POA eliminates this problem because it remains in effect regardless of the principal’s state.

Having a springing POA can also be problematic when dealing with banks. To handle any bank transactions, the agent will need to prove to the bank representative that the principal is disabled and can’t make decisions on their own. A lot of banks will refuse to act in these situations, and the agent will need to hire a lawyer to help them solve the problem. This part will add more unnecessary fees, which wouldn’t be an issue with a durable POA that is valid in all cases.

To avoid getting an invalid document and having to deal with creating the springing POA on your own, you should use DoNotPay to create it for you.

Use DoNotPay To Create a Power of Attorney in a Matter of Minutes

If you want to create a rock-solid springing or durable power of attorney, you can turn to DoNotPay for help. Our app will make sure all the crucial information is included in the document and that your interests are protected. To create a POA with DoNotPay’s help, you only need to:

  1. Sign up for DoNotPay in your favorite web browser
  2. Type in Power of Attorney in the search bar
  3. Choose which powers you want to include in your POA

Once you complete our short questionnaire, DoNotPay will create your POA. Our app will also include two notices that you and your agent should read before signing the document.

If you want to add some legal weight to your document, it is always smart to get it notarized. You don’t need to go through the ordeal of getting a notary’s signature for the power of attorney—DoNotPay can help you with this part as well! Select the appropriate option in the app, and we will match you with an online notary in a matter of minutes!

What Other Powers of Attorney Exist?

DoNotPay can help you create other types of power of attorney. Take a look at the table below to see your options:

Power of Attorney TypeShort Description
General POA
  • This power of attorney is usually used when the principal is not able to make financial decisions because they are out of the state or some other reason
  • The agent has no right to act on the principal’s behalf if the principal becomes mentally incapable of making their own decisions
Limited POA
  • Limited POA gives the agent limited power over authorized actions
  • This POA can set a limited time during which the agent can act in the principal’s stead
Financial POA
  • This type of POA allows the agent to take care of the principal's finances
  • The agents can be in charge of paying bills or taking care of other financial matters, such as taxes or mortgage payments

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