Springing Power of Attorney

By Attorney SusAnne Lee Jenkins

You can either have the power be effective immediately, or have the power come into effect only upon your incapacity as certified by a medical doctor. 

The one that comes in to effect upon you incapacity is called a "Springing Power of Attorney" because it springs into power only when you are incapacitated.

You can have both types of powers in one document.  For example, if you wish, you can give your first agent (commonly a spouse) immediate control, while the remaining alternative agents (those who serve only if your first choice is unable or unwilling to serve) would need a physician’s certificate stating your incapacity before the power would be effective.