Legal Definitions - springing power of attorney

A springing power of attorney is a type of power of attorney that only becomes effective when a specific event occurs, usually the incapacity of the principal. This means that the agent appointed in the power of attorney will only have the authority to act on behalf of the principal when the specified event happens.

For example, a person may create a springing power of attorney that only becomes effective if they become incapacitated due to illness or injury. In this case, the agent appointed in the power of attorney will only have the authority to make decisions on behalf of the principal if they are unable to make decisions for themselves.

Another example of a springing power of attorney is one that becomes effective upon the death of the principal. In this case, the agent appointed in the power of attorney will only have the authority to act on behalf of the principal after they have passed away.

Springing power of attorney is different from other types of power of attorney, such as durable power of attorney, which remains in effect even if the principal becomes incapacitated.