Yes, a power of attorney that is springing must include the language “this power of attorney is effective on the disability or incapacity of the principal” or similar.^[1]

The principal must sign with a notary public and 1 witness. A witness cannot be the agent, the agent’s spouse, agent’s children, or the notary public.^[2]

“Incapacitated person” means any person who is impaired by reason of mental illness, mental deficiency, mental disorder, physical illness or disability, chronic use of drugs, chronic intoxication or other cause, except minority, to the extent that he lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his person.

In cases of limited guardianship only, a person is not deemed an incapacitated person for purposes of voting if the person files a petition and has a hearing and the judge determines by clear and convincing evidence that the person retains sufficient understanding to exercise the right to vote pursuant to section 14-5304.02.^[3]