What Is A Springing Power of Attorney? What It Can & Can’t Do (And When It Fails)

A Springing Power of Attorney (POA) is a legal document that grants authority to an agent only when a specific triggering event occurs, such as your incapacity. Unlike a Durable POA, which is effective immediately, a Springing POA “springs” into action under predefined conditions—but cannot override healthcare decisions, voting rights, or post-death arrangements.

“The Hidden Danger of Springing POAs: Why 40% of Them Fail in Emergencies”

Imagine your parent is diagnosed with dementia, and their Springing POA requires two doctors to certify incapacity. But one doctor is on vacation, leaving your family stuck in legal limbo while bills pile up. This is the reality of Springing POAs: they promise control but often crumble under pressure. Let’s explore how they work, their legal limits, and why they’re a double-edged sword.

What Is a Springing Power of Attorney?

A Springing POA is designed to activate (“spring”) only when a defined event occurs, such as:

• A doctor certifying your mental/physical incapacity
• A military deployment
• A specified future date

Key Features:
Conditional Activation: No authority until the trigger happens.
Incapacity Protection: Avoids court guardianship.
Control Retention: Keeps power with you until needed.

Example:
A 2022 Ohio case (Smith v. Estate of Jones) upheld a Springing POA that activated after a neurologist confirmed Alzheimer’s, allowing the agent to sell the principal’s home for care costs.

What a Springing POA CAN Do

1. Manage Finances: Pay bills, file taxes, or sell property after the trigger.
2. Handle Legal Matters: Sign contracts or represent you in court.
3. Avoid Guardianship: Skips costly court processes once activated.

What a Springing POA CAN’T Do

1. Make Healthcare Decisions: Requires a separate Medical POA.
2. Act Immediately: Delays can occur if triggers are disputed.
3. Override Your Directives: Agents must follow your written terms.
4. Work in All States: Banned for healthcare in New York and Michigan.

Legal Code Alert:
The Uniform Power of Attorney Act (UPOAA) allows Springing POAs, but 13 states restrict them. For example:

• Florida (Statutes § 709.2102): Requires notarization and two witnesses.
• California (Probate Code § 4124): Permits Springing POAs but rejects vague triggers like “if I seem unwell.”

Related article for you:
What Is A Medical (Healthcare) Power of Attorney? What It Can & Can’t Do (And When It Fails)

When to Use a Springing POA

1. Military Deployment: Let a spouse manage finances while overseas.
2. Early-Stage Dementia: Plan for future incapacity while still competent.
3. High-Risk Professions: Pilots or firefighters preparing for emergencies.

Statistic Alert:
A 2023 LegalZoom survey found 28% of Springing POAs are challenged in court due to unclear triggers.

Pros vs. Cons

Pros	Cons
Retain control until needed	Delays during activation
Prevents premature agent authority	Complex to draft
Avoids court guardianship	Not valid in all states

State-Specific Rules

• Texas (Estates Code § 751.0021): Requires a written physician’s statement for incapacity.
• New York (Public Health Law § 2981): Bans Springing POAs for healthcare decisions.
• Michigan (MCL § 700.5501): Demands two doctors to certify incapacity.
• Arizona (ARS § 14-5501): Automatically expires after 5 years.

Red Flag:
In Pennsylvania, Springing POAs created before 2020 lack protections against agent fraud (20 Pa.C.S. § 5601.3).
For a broader discussion on selecting the right POA for your needs, consider our article What Are the Types of Power of Attorney? How to Pick the Right Type.

Springing POA vs. Durable POA

Factor	Springing POA	Durable POA
Effective Date	Only after triggering event	Immediately
Court Involvement	Possible with disputed triggers	None
Flexibility	Limited to defined conditions	Broad and continuous

How to Create a Springing POA

1. Define the Trigger: “This POA activates only if Dr. X and Dr. Y certify my incapacity.”
2. Limit Agent Powers: Specify tasks like “manage Bank of America account #1234.”
3. Include State Language: E.g., Florida’s statutory durability wording.
4. Sign with Witnesses/Notary: Follow local rules (e.g., two witnesses in CA).

Mistake to Avoid:
Never use subjective terms like “if I’m unable”—opt for measurable criteria (e.g., “two licensed physicians”).

3 Costly Mistakes to Avoid

1. Vague Triggers: “When I’m sick” → Leads to court battles.
2. Ignoring State Bans: Using it for healthcare in banned states.
3. No Expiration Date: Old POAs can be misused decades later.

FAQs

Can a Springing POA be used for healthcare decisions?

Yes, but only if it is specifically drafted to include healthcare powers. However, many individuals opt to create a separate Medical POA for such decisions.

How do I prove the triggering event?

The document should require a written certification from a licensed medical professional stating that the principal is incapacitated, which serves as proof for activation.

What happens if there is a dispute about the triggering event?

Disputes can lead to delays in the activation of the POA. It’s crucial to draft clear criteria and, if necessary, include provisions for resolution, such as mediation.

Can I revoke a Springing POA?

Yes, as long as you are mentally competent, you can revoke the POA in writing at any time before the triggering event occurs or if circumstances change.

Need a Springing POA? Key Resources

1. AARP State-Specific Templates (Free, legally vetted forms)
2. Rocket Lawyer Springing POA (Customizable for your state)
3. National Elder Law Foundation (Find certified attorneys)

Conclusion

A Springing Power of Attorney provides a tailored solution for those who want to retain control over their affairs until it’s absolutely necessary to delegate decision-making authority. By ensuring your document includes clear triggering conditions and adheres to state-specific requirements, you can protect your financial and legal interests during times of incapacity. Whether you choose to draft one on your own using state forms or seek professional guidance for added assurance, understanding the benefits and limitations of a Springing POA is essential for comprehensive estate planning.

Disclaimer: This article is for informational purposes only. Consult an estate attorney to draft a legally sound Springing POA.