Power of attorney guide
Springing Power of Attorney
A springing power of attorney gives the agent no authority on the day it is signed. It “springs” into effect when a stated event happens — most often two physicians certifying that the principal can no longer manage their affairs. It appeals to people who do not want to hand over control before they have to, and it is disfavored by many lawyers because proving the trigger is slow at exactly the moment speed matters.
Also called: conditional power of attorney, power of attorney effective upon incapacity.
How the trigger works
The document names the event and who decides it has happened. The usual trigger is a written determination of incapacity by one or two licensed physicians; some documents use a court finding, a specific date, or the principal's absence from the country. The uniform act lets the principal name a person to certify the event, and if the trigger is incapacity and no one is named, a physician, psychologist or judge can do it.
Because a bank cannot tell from the face of the document whether it has sprung, the agent has to present the certification alongside the power of attorney every time. Many states therefore let the person authorized to decide incapacity sign an affidavit that third parties may rely on, and let the agent obtain medical records for that purpose despite privacy laws.
Why many planners advise against it
The delay. A principal with early dementia may refuse to see the doctor who would certify incapacity; a principal in intensive care has doctors too busy to write letters; a principal abroad cannot be examined at all. Meanwhile bills go unpaid. An immediately effective durable power of attorney held by a trusted agent, with instructions not to use it until needed, avoids the problem without reducing the legal protection — the agent is a fiduciary either way.
Some states have gone further. Florida abolished springing powers of attorney for documents signed after October 1, 2011; a Florida power of attorney must be effective immediately, though one signed before that date with a springing clause remains valid.
Signing requirements
A springing power of attorney is executed like any other power of attorney in its state — notary in most states, witnesses in several. It is almost always also durable, since the whole point is to operate during incapacity, and it is drafted so that the incapacity trigger and the durability clause do not contradict each other.
Springing power of attorney: rules by state
- Texas
- California
- Florida
- New York
- Alabama
- Alaska
- Arizona
- Arkansas
- Colorado
- Connecticut
- Delaware
- 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
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Utah
- Vermont
- Virginia
- Washington
- Washington, D.C.
- West Virginia
- Wisconsin
- Wyoming
Common questions
- Is a springing power of attorney valid in every state?
- In most states, yes. Florida no longer allows a springing power of attorney to be created; documents signed there since October 1, 2011 must be effective immediately. A few other states restrict how the trigger may be defined. Check the state page for where you live.
- Who decides that the power of attorney has sprung?
- Whoever the document names — usually one or two physicians. If it names no one and the trigger is incapacity, the uniform act lets a physician, a licensed psychologist, or a court make the finding, and lets the agent get the medical records needed to obtain it.
- Is a springing power of attorney better than a durable one?
- It gives the principal more control up front and the agent more trouble later. Most estate planners recommend an immediately effective durable power of attorney held by an agent you trust, and a springing power only where no trusted agent is available.
Notarize a power of attorney online
A springing power of attorney follows your state's signing rules — notary in most states, witnesses in some. Upload the document, verify your ID, and sign on video with a commissioned online notary in about 15 minutes. Witnesses, where your state requires them, can join the same session.
Related types
Durable power of attorney
Stays in force if you later lose capacity. The standard choice for long-term planning.
Financial power of attorney
Banking, bills, investments, taxes and property. Usually durable; usually on the state's statutory form.
Medical power of attorney
Names someone to make health care decisions when you cannot. Witness rules vary by state.
All types of power of attorney and the state-by-state table →
General information about how powers of attorney are signed, not legal advice. Execution rules are set by each state’s statute and change; the sources on each state page link to the current text. Whether a particular bank, recorder, agency or title company accepts a document is its own decision — confirm with the receiving party before signing. Rush Notary’s notaries are commissioned online notaries public in Florida who notarize for signers in every state under Florida’s remote online notarization law; see the online notarization requirements for your state.