Springing Power of Attorney Forms
A springing power of attorney is a legal document that permits an individual (the "principal") to authorize someone else (the "agent") to handle their financial matters if they become disabled or incapacitated. The powers given to the agent must be explicitly stated.
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About Springing Power of Attorney
Legal Definitions
A "springing power of attorney" refers to a power of attorney that becomes active at a designated future time or upon a specified future event or condition, such as the principal's subsequent incapacity.
"Incapacity" is defined as the inability of a person to manage their personal affairs due to:
- An impairment in receiving and evaluating information or making or communicating decisions, even with technological assistance;
- Being missing;
- Being detained, including incarceration;
- Being outside the United States and unable to return.
Access to Medical Records
In a springing power of attorney, the agent has the legal right to access the principal's medical records due to the reliance on the principal's health status.
Legality
A springing power of attorney is recognized in all states except Florida (unless executed before October 1, 2011).
Check state laws to understand any restrictions.
The Significance of POA
