Updated June 28, 2024
A springing power of attorney is a legal document allowing an individual (principal) to let someone else (agent) manage their financial affairs if they become disabled or incapacitated. Any powers granted by the principal to the agent must be specifically mentioned.
By State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- Washington D.C.
- West Virginia
- Wisconsin
- Wyoming
Legal Definitions
“Springing power of attorney” means a power of attorney that by its terms becomes effective at a specified future time or on the occurrence of a specified future event or contingency, including, but not limited to, the subsequent incapacity of the principal.[1]
“Incapacity” means the inability of a person to handle their personal affairs due to:
- An impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance; or
- Being missing;
- Being detained, including incarcerated in a penal system; or
- Being outside the United States and unable to return.[2]
Legality
A springing power of attorney is legal in every state except Florida (unless it was signed before Oct. 1, 2011).[5]
Review the State laws to understand any limitations.
Sample
SPRINGING POWER OF ATTORNEY
1. Principal Information: My information is as follows:
Name: [PRINCIPAL’S NAME]
Address: [PRINCIPAL’S ADDRESS]
Date of Birth: [PRINCIPAL’S DATE OF BIRTH]
Hereinafter known as the “Principal.”
2. Agent Information: I appoint the following to be my agent:
Name: [AGENT’S NAME]
Address: [AGENT’S ADDRESS]
Relationship to Principal: [RELATIONSHIP TO PRINCIPAL]
Hereinafter known as the “Agent.”
3. Powers Granted: This Durable Power of Attorney grants the Agent the following powers: (initial each power)
_______ – Financial Matters: To conduct any and all financial transactions on my behalf.
_______ – Real Estate Transactions: To buy, sell, lease, or manage real estate property.
_______ – Maintenance: To provide maintenance for myself and family.
_______ – Banking Transactions: To conduct withdrawals, deposits, and other acts.
_______ – Investments: To manage investments including stocks and bonds.
_______ – Legal Actions: To handle legal claims and conduct litigation.
_______ – Tax Matters: To file, contest, and settle tax matters.
_______ – Government Benefits: Including Social Security, Medicare, and Medicaid.
_______ – Additional Powers: _________________________________
4. Governing Law: This Power of Attorney will be governed by the laws of the State of [STATE].
5. Durability: This Power of Attorney shall not be affected by my subsequent incapacity or disability.
Principal’s Signature: __________________________ Date: _____________
Print Name: __________________________