Springing Power of Attorney

Estate Documents

A power of attorney that takes effect only when a triggering event happens, usually the principal's incapacity confirmed by a doctor.

A springing power of attorney is one that becomes effective only after a triggering event, most often the principal's incapacity confirmed by a doctor. It is the alternative to an immediate (or current) POA, which works as soon as it is signed.

How the Trigger Works

The document itself defines the trigger. A typical clause requires written certification by one or two licensed physicians that the principal is no longer able to manage their own affairs. Until that certification exists, the agent has no authority to act.

Why Most Arizona Attorneys Prefer Immediate POAs

Springing POAs sound appealing for privacy, but they create real-world problems. Banks, brokerages, and title companies routinely refuse to act on a springing POA without seeing the physician certification. Getting that certification takes time and may require court intervention if the doctor will not sign. An immediate durable POA, paired with a trusted agent and clear instructions, is usually faster and less risky.