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Springing Power of Attorney

Individuals contemplating assignment of a springing power of attorney will have many decisions throughout the whole process. Uncertainties of what triggers the springing power of attorney to become active or what makes a springing power of attorney document legal often lead to questions like the ones answered below.

What is springing power of attorney?

In some states in the U.S. granting a springing power of attorney can be done. A springing power of attorney is a power that only becomes effective after the granter becomes incapacity or another definite future action called to “spring” the power into effect. A springing power of attorney is identical to a durable power of attorney but is not active until a predetermined event springs it into action. Springing power of attorney responsibilities can include the management of a grantor’s affairs in case of illness or injury that would hinder the grantor from acting on their own.

I am missing the notarized signature page on springing durable power of attorney for my parent. How may I correct this?

To add a notary to a document later than when the signatures where signed would be illegal. Notaries must be able to attest that they saw the person sign the document. If your Power of Attorney is not valid and the grantor is no longer of sound mind, then someone will need to file a petition to have the grantor declared incompetent. Then someone can ask to be appointed guardian.

If given Power of Attorney over my parent, the power of attorney states that I have the right to “drill out any safe boxes that are rented in their name and empty its contents” When can I got to the back with the power of attorney in hand and ask for the boxes to be drilled?

That would depend on when the power of attorney becomes active or became active. If you have a springing power of attorney then there will be a provision in the document that triggers the activation. In many cases a springing power of attorney becomes active if the grantor becomes incompetent. You should be allowed to access the safe deposit boxes with the springing power of attorney in hand once it is activated by that trigger. If you have a non-springing power of attorney then you should be able to go into the bank now an access the boxes.

I am preparing my will. Should I have a power of attorney done? If I sign this when can my attorney-in-fact use it? What if I am very capable and they decide to use it when I may not want them to?

A general power of attorney document will be active as soon as it is signed. This will give the agent the power to act on your behalf now. If you are looking to find a power of attorney that not immediate but only becomes active when a certain event occurs, like become incompetent, then you will want to create a springing power of attorney. In most cases of a springing power of attorney, medical physicians will need to sign off that you have become incompetent before the power of attorney is active.

Is there a power of attorney which can be established to authorize someone to continue in your behalf if for some reason you are mentally incapable or pass away during a divorce, and what is it called?

There is a power of attorney which can be established that will become active if you become mentally incompetent. It is called a springing power of attorney. This kind of power of attorney needs a trigger to activate its powers. In most cases the trigger is the incapacitation of the grantor. Any power of attorneys become void, invalid once the grantor dies.

Knowing the right kind of information about springing power of attorney can help when you are dealing with questions involving what kind of POA would become active when you become incompetent. Experts can help answer questions about what a springing power of attorney is or when a springing power of attorney becomes active. Get the answers fast and affordably by asking an Expert.

Ask an Estate Lawyer

Thomas McJD
Thomas McJD, Attorney
Category: General
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
19305272
Type Your Estate Law Question Here...
characters left:
Estate Lawyers are Online Now

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Recent Springing Power of Attorney Questions

  • Hello. I am dealing with an issue where I am having a problem

    Hello. I am dealing with an issue where I am having a problem with some family members who I believe have plans to bring me harm for monetary gain. I think my mother is trying to get my share of my elderly wealthy grandparents money that they have set up in a trust. What I believe is an irrevocable trust. I suspect they have plans to cause me disabling harm and come in and get a power of attorney over my money / assests prior to my grandparents passing. This is going to be enough money that I don't feel I have anyone I can trust to use in a springing power of attorney since I am not married. What can I put in place to see to it they can't get that money or any other of my money / assets in the event I become incapicated.
  • Some of my family members are trying to position themselves

    Some of my family members are trying to position themselves to get a power of attorney or guardianship over me and have made accusations I am mentally ill. I suspect they would even cause me to have an accident to get me stated as being incompetent. My mother is after some money my dad left me when he died. Our relationship is bad but they are my only next of kin and I don't have anyone I trust enough to put in as a springing power of attorney. What should I do so they can never get the money if something happens to me?
  • My father passed in Feb 2012 in Nevada where he lived for about

    My father passed in Feb 2012 in Nevada where he lived for about 5 years. He is survived by my mother who is only weeks from the end with Alzheimers so cannot make any decisions. His estate consisted of an IRA with about $70K, two life insurance policies one of $8K and one of $5K as well as a bank account with less than $5k. Both life insurance policies have the estate as the named benefactor. We have not opened probate. I am the named person on the Springing Power of Attorney for both of my parents.
    The life insurance companies are asking for Letters of Administration or Letters Testamentary with estates tax ID number.
    My questions are:
    1. Do either of the letters above require us to open probate?
    2. Is the Tax ID number just my fathers SS #?
    3. Is there a work around for this situation since the estate is so small?

    Please add any additional information you think I need to know.

    Thank you,

    Charles
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