Key Takeaways
- A regular (non-durable) power of attorney ends if you become incapacitated, exactly when most people need it.
- A durable power of attorney stays in effect if you become incapacitated. It’s the standard for estate planning.
- A springing power of attorney takes effect only when you become incapacitated, usually confirmed by a doctor.
- Springing POAs can cause delays because the agent must prove incapacity first, and some states don’t allow them.
- In many states a POA is durable by default; in others, it must say so expressly.
Three types, one key question: when does it work?
The difference between these types isn’t what your agent can do; it’s when they can do it.
| Regular (non-durable) | Durable | Springing | |
|---|---|---|---|
| Starts | When signed | When signed | When incapacity is confirmed |
| Continues if you’re incapacitated? | No, it ends | Yes | Yes, that’s when it begins |
| Ends | Incapacity, revocation or death | Revocation or death | Revocation or death |
| Proof needed for agent to act | None | None | Usually a doctor’s written determination |
| Best for | A short-term task while you’re healthy | Most people’s estate plan | People uncomfortable granting authority now |
| Drawbacks | Useless in an emergency | Requires trusting the agent now | Delays; some banks hesitate; not allowed in some states |
Durable power of attorney
A durable POA includes language saying it remains effective even if you become incapacitated, or it’s durable automatically under your state’s law. Many states have adopted the Uniform Power of Attorney Act, under which a POA is durable unless it says otherwise. In other states, you need explicit durability language.
Because it works immediately and continues through incapacity, an immediately effective durable POA is what most estate planners recommend. Your agent can step in right away if you’re in an accident, without anyone having to certify anything.
Springing power of attorney
A springing POA “springs” into effect only upon a triggering event, almost always your incapacity. It appeals to people who don’t want anyone to have authority over their finances while they’re healthy.
The trade-offs:
- Delay: your agent must usually get a doctor’s written statement before acting, which can take time in a crisis.
- Privacy: doctors may need a HIPAA authorization to share that determination.
- Acceptance: banks may scrutinize springing POAs more closely.
- Availability: some states, such as Florida, don’t allow new springing POAs.
Which should you choose?
If you trust your agent enough to give them authority when you’re incapacitated, most planners suggest trusting them now with an immediately effective durable POA, and simply telling your agent not to act unless needed. If you’re not comfortable with that, a springing POA is an option where your state allows it; just understand the delays.
What about medical POAs?
Health care powers of attorney usually work like springing documents by design: your agent decides only when you can’t. See our medical power of attorney guide.
Frequently asked questions
A regular power of attorney ends if you become incapacitated. A durable power of attorney stays in effect, which is why it’s the standard choice for estate planning.
Usually, yes. A durable POA can be effective immediately or springing; most are immediately effective and continue through incapacity.
Typically one or two physicians certify in writing that you’re incapacitated, according to the standard in the document and your state’s law.
No. Every power of attorney ends at death. Your executor takes over from there.
Yes, while you’re competent you can revoke the old document and sign a new immediately effective durable POA.
Keep reading
- Power of Attorney Explained: Types and How to Get OneA plain-English guide to power of attorney: the types (financial, medical, durable, springing), how to choose an agent, and how to sign one correctly.
- Medical Power of Attorney: What It Is and How It WorksA medical power of attorney names someone to make health care decisions if you can't. Learn what your agent can do, when it takes effect and how to choose the right person.
- Power of Attorney for an Elderly Parent: A Step-by-Step GuideHow to get power of attorney for an aging parent: the documents to sign, capacity concerns, bank and Social Security quirks, and what to do if it's too late.
- How to Revoke a Power of AttorneyYou can revoke a power of attorney anytime while you're competent. Learn the steps: written revocation, notifying your agent and third parties, and replacing the document.
Don’t leave your family guessing
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This guide is general educational information written by the No Brainer Forms Team. It is not legal advice, and No Brainer Forms is not a law firm. Laws and signing requirements vary by state; for advice about your situation, talk to a licensed attorney in your state.