3 Critical Limits of a Springing Power of Attorney? What Your Agent Can’t Do

A Springing Power of Attorney (POA) cannot be used to (1) make healthcare decisions—these require a separate Medical POA, (2) alter your testamentary documents such as your will or trust, and (3) exercise post-death authority—actions that must remain exclusively your own. These limits ensure that even if your agent gains power upon your incapacity, your most personal decisions remain safeguarded.

Understanding Springing Power of Attorney

A Springing POA is a legal document that “springs” into effect only when a specified triggering event occurs—typically, when a licensed medical professional certifies that you are incapacitated. Unlike a Durable POA, which is effective immediately, a Springing POA remains dormant until needed, aiming to prevent premature transfer of decision-making authority.

However, even with its conditional activation, a Springing POA is designed with built-in limitations. It ensures that some decisions, particularly those that are highly personal, remain strictly in your own control.

The Three Key Decisions a Springing POA Cannot Make

1. Overriding Healthcare Directives

What It Means:
A Springing POA does not grant your agent the authority to make healthcare decisions. This area is reserved for a Medical (Healthcare) POA or your advance directives (Living Will). Even if your Springing POA activates, your agent cannot approve surgeries, decide on medications, or choose nursing homes if those actions conflict with your expressed healthcare preferences.

Why It Matters:
A 2023 JAMA study reported that 62% of ICU patients without a Medical POA faced delays in treatment, underscoring the need for clear, separate medical decision-making documents.

2. Altering Your Testamentary Documents

What It Means:
Your will, trust, and other testamentary arrangements—essentially, your estate planning documents—cannot be changed or revoked through a Springing POA. These decisions are deeply personal and require a separate legal process to ensure that your final wishes are accurately carried out after your death.

Why It Matters:
Testamentary decisions should remain entirely under your control. In a 2022 Arizona case, an agent was blocked from using a Springing POA to remove a sibling from a will, as ruled under the Uniform Probate Code § 5-503. Your estate plan is a critical expression of your personal legacy and cannot be delegated.

3. Exercising Post-Death Authority

What It Means:
All powers granted by a Springing POA terminate upon your death. This means that your agent cannot use a Springing POA to carry out any tasks—such as handling funeral arrangements, accessing digital accounts, or managing probate—after you have passed away. Your executor or other estate planning documents take over at that point.

Why It Matters:
A Springing POA is designed solely for your lifetime. Allowing your agent authority after death would blur the lines between your living wishes and the legal processes that govern your estate. State laws, including those in Florida (Statutes § 497.005), ensure that decisions like funeral arrangements are handled separately from your POA.

Related article for you:
What Three Decisions Cannot Be Made by a Durable Power of Attorney?

Why 50% of Springing POAs Fail When Families Need Them Most

Picture this: You set up a Springing POA to protect your finances if you ever become incapacitated. But when the crisis hits, your family discovers that your agent can’t authorize life-saving treatment, update your trust, or honor your burial wishes. These shocking gaps leave loved ones powerless in emergencies. Here are the main reasons behind this failure:

1. Healthcare Decisions (Medical POA Required):
   
   • The Hard Limit: Springing POAs only cover financial and legal matters; they cannot be used for healthcare decisions such as approving surgeries or choosing nursing homes.
     
   • State Laws:
     
     • Texas (Estates Code § 751.0021): Requires separate healthcare documents.
     • New York (Public Health Law § 2981): Bans springing POAs for medical decisions.
       
   • Fix It:
     Create a Healthcare POA paired with a Living Will.
     
2. Changing Wills or Trusts:
   
   • The Ironclad Rule: No POA—including a Springing POA—can modify your will, change beneficiaries on life insurance, or update trust documents.
   • Key Law:
     Uniform Probate Code § 5-503 bars testamentary changes via POA.
   • Better Solution:
     Regularly update your estate plans and consider a revocable living trust for flexibility.
     
3. Post-Death Authority:
   
   • The Expiration Problem:
     A Springing POA terminates at your death. Your agent cannot carry out funeral instructions, access digital accounts, or manage probate.
     
   • What Works Instead:
     Use prepaid funeral contracts, designate an executor in your will, and set up digital asset directives for online accounts.
     
   • State Tip:
     Florida allows Disposition of Remains forms (Statutes § 497.005).

Bonus: Personal Life Restrictions:
Springing POAs also cannot be used to consent to marriage, divorce, or adoption decisions—rights that must be exercised by you directly under laws like California Family Code § 300 and Ohio Revised Code § 3501.01.

Costly Mistakes to Avoid:

• Vague Trigger Terms:
  Avoid ambiguous phrases like “if I get sick.” Instead, specify “if two doctors confirm dementia.”
  
• Ignoring State Rules:
  Ensure compliance with specific requirements (e.g., Michigan requires two physician certifications under MCL § 700.5501).
  
• Using Outdated Forms:
  In 2024, a LegalZoom report found that 43% of Springing POAs fail due to outdated language.

FAQs

Can a Springing POA be used for healthcare decisions?

No. Healthcare decisions require a separate Medical (Healthcare) POA.

Does a Springing POA allow my agent to change my will?

No, testamentary decisions are strictly personal and cannot be delegated through a POA.

What happens if there’s a dispute about the triggering event?

Delays can occur if the language is vague. It’s important to clearly define the conditions, such as “if two licensed physicians certify my incapacity.”

Additional Resources

• American Bar Association: Offers detailed resources and guides on POA types and their legal limits.
  
• Legal Aid Websites: Check your state’s official resources for free, updated POA forms and drafting instructions.
  
• Local Legal Clinics: Consult with your local bar association for workshops or free consultations.
  For a broader insight into selecting the right POA, consider exploring our guide What Are the Types of Power of Attorney? How to Pick the Right Type.

Final Tips

• Pair for Full Protection:
  Combine your Springing POA with a Durable POA and a Healthcare POA to cover all bases.
  
• Review and Update:
  Regularly update your POA documents, particularly after major life changes or state law updates.
  
• Consult an Attorney:
  If you have any uncertainty about drafting clear trigger conditions, a legal consultation can save future headaches.

Conclusion

A Springing Power of Attorney is a valuable tool designed to protect your interests when you are unable to act on your own. However, it comes with specific limitations: it cannot be used to override your explicit healthcare wishes, change your will, or operate after your death. 

Understanding these restrictions is key to ensuring that your Springing POA serves you effectively in an emergency. By clearly defining trigger events and pairing it with other necessary documents, you can safeguard your future and provide your loved ones with the guidance they need during critical times.

Disclaimer:
This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance tailored to your specific circumstances.