Springing Power Of Attorney

State:
Multi-State
Control #:
US-03394BG
Format:
Word; 
Rich Text
Instant download

Description

Not for use in Florida or other States that have excluded it from their laws. Instead use one of the State Specific forms.



A power of attorney is an instrument containing an authorization for one to act as the agent of the principal that terminates at some point in the future either by its terms or by operation of law such as death of the principal or agent. The person appointed is usually called an Attorney-in-Fact. In most cases, a power of attorney takes effect when signed. This may be troublesome for someone who wishes to provide for the management of his or her financial affairs in the event of a future disability but does not want to grant broad powers to a person who could act immediately. The solution is the springing power of attorney. The springing power of attorney becomes effective only at some specified future time or upon the occurrence of a specified event, such as incapacity. Thus the authority of the attorney-in-fact cannot be exercised until there is a need. Most, but not all, states allow a springing power of attorney.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Springing Power of Attorney for Financial Decision Making
  • Preview Springing Power of Attorney for Financial Decision Making
  • Preview Springing Power of Attorney for Financial Decision Making

How to fill out Springing Power Of Attorney For Financial Decision Making?

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FAQ

A person with power of attorney can do anything listed in the power of attorney document. In Florida, a power of attorney is active either all of the time or not at all. You cannot have a springing power of attorney that only becomes active upon incapacity.

California Springing Power of Attorney Form The springing power of attorney document is a somewhat different legal document than a durable power of attorney. The privileges you give in a springing POA document become valid only when the principal becomes incapacitated or medically disabled.

A power of attorney is springing when it takes place at some time in the future after signing. Springing durable power of attorney combines both of these elements where someone wants the power of attorney to take effect at a specific time or after the principal becomes incapacitated.

Typically, a "springing" power of attorney springs into effect when the person creating the document becomes incompetent, mentally or physically, and is no longer able to handle his or her financial affairs. This usually requires a doctor to certify the person as incompetent.

A Springing Power of Attorney is an important legal designation giving someone the power to make medical or financial decisions on behalf of another person, but only once certain conditions are met.

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Springing Power Of Attorney