What is Springing Power of Attorney

Springing Power of Attorney is a legal document allowing an individual to designate someone else to act on their behalf in the event of incapacity or death. This type of power of attorney can be used to make decisions about medical care, finances, and other legal matters. It is essential for people with a chronic illness or disability that could cause them to become incapacitated at any time in the future. With Springing Power of Attorney, individuals can control how their affairs are handled and ensure that their wishes are followed if they can no longer manage them on their own.

Springing Power of Attorney differs from Durable Power of Attorney in two crucial ways: first, it does not go into effect until a particular event has occurred; second, it is irrevocable once the triggering event has happened.

Let's Consider Durable Power of Attorney

Let's Consider Durable Power of Attorney instead of Springing Power of Attorney. Durable Power of Attorney is a legal document that allows someone to make decisions for another person if they become incapacitated or unable to make decisions for themselves. When discussing this type of power of attorney, it is essential to understand the differences between durable and springing power of attorney.

Durability refers to the longevity and stability of the document itself; once durable power of attorney is signed, it takes effect immediately and remains in effect until revoked by the grantor or terminated due to death. On the other hand, Springing Power of Attorney does not take effect until an event occurs, such as disability or incapacity. At this time, designated agents could then act on behalf of the grantor.

Durable POA vs. Springing POA

A Power of Attorney, or POA, is an important document that can appoint someone to handle a person's financial affairs if they cannot. There are two types of POAs: durable and springing. Anyone who might need help with their finances in the future needs to know the differences between these types of POAs.

Durable Power of Attorney, or DPOA, allows an individual to immediately grant authority to another individual to manage their financial affairs, even if they become incapacitated. This type of POA will remain valid until the grantor revokes it or if they become deceased. Springing Power of Attorney, on the other hand, only goes into effect when certain conditions have been met, such as becoming incapacitated or disabled.

Lasting Power of Attorney

The concept of power of attorney is one that many people are familiar with. Still, only some understand the differences between a Lasting Power of Attorney (LPA) and a Springing Power of Attorney (SPA). An LPA is an arrangement where someone appoints a person to act as their attorney for their financial and other matters if they become incapacitated. On the other hand, an SPA is an agreement where someone allows another person to act on their behalf only if specific criteria or conditions are met.

An LPA can be activated immediately upon signing, while a SPA will only come into effect when an individual's mental capacity has been diminished due to illness or injury.  Mental capacity and incapacity are essential considerations when granting power of attorney. Power of attorney is a legal tool that allows an individual to appoint another person or persons to make decisions on their behalf, either while they are alive or after they have passed away. A person must be mentally capable of making these kinds of decisions. Otherwise, the power may be deemed invalid. Therefore, it is essential for individuals considering signing a power of attorney document to understand their mental capacity and its implications for the validity of their decision.

The ability to give power of attorney depends on how competent a person is. This decision is usually made by a doctor or a lawyer appointed by the court. Mental capacity includes physical and cognitive abilities, which can affect an individual's ability to understand what they are signing and make informed decisions about who should control their life decisions.

Possible Concern: HIPPA

The Health Insurance Portability and Accountability Act of 1996, or HIPPA, is a federal law ensuring protected health information stays private and safe. But in today's digital world, this information is easy to get through many different channels, such as electronic medical records and other ways to communicate without paper. This has made it possible for people who want to give someone else POA to manage their personal affairs to be worried.

Due to HIPPA regulations, some healthcare providers are now refusing to release an individual's protected health information without signing additional release forms or obtaining explicit permission from the patient. This can complicate matters when trying to execute an enduring power of attorney document, as it may only be possible for someone other than the patient to access pertinent medical information needed for it to be valid.

Agent Responsibilities & Next Steps

The Springing Power of Attorney is a legal document that allows an individual to authorize another person to manage their finances, make medical decisions, and represent them in court. Individuals need to understand the responsibilities of their designated agent and how a power of attorney works before signing any agreements.

When assigning someone as an agent using a Springing Power of Attorney, you authorize that individual to act on your behalf in certain situations. The typical duties of an agent include managing financial accounts, handling investments and property transactions, making healthcare decisions, representing you in legal proceedings, and more. Furthermore, the appointed agent must stay abreast of relevant laws while serving in this role, as they can face legal consequences if they fail to do so.

Source:

What is Springing Power of Attorney?

https://www.legalzoom.com/articles/what-is-springing-power-of-attorney

The text above is for general informational purposes and should not be considered legal advice.

Mark Fishbein, Tucson Estate Planner with ALTA Tucson, specializes in Estate Planning, living trusts, and family legacy planning. Visit our website to seek professional help, and Follow us on Facebook.