A springing power of attorney is a special type of POA that is triggered when a specified event occurs or when the person creating the POA becomes incapacitated due to medical or non-medical reasons. It typically requires you to clearly state who will declare you incapacitated and whether the POA requires the independent opinions of one or two doctors, depending on your wishes.
What Makes a Springing POA Different?
Unlike a regular POA where authority transfers to the agent right away, a springing POA only ‘springs’ into effect under precise conditions, which makes it a great tool for long-term planning if you value your independence, privacy, and the comfort of your loved ones.
Looking for a premade Springing Power of Attorney template built with US laws and practices in mind? Here’s a free, customizable one you can tailor to your state laws and procedures. Accessible in Word and Google Docs for easy offline and online use.
Before a step-by-step walkthrough of each fillable section in our templates, let’s answer some basic questions about POAs.
What Is a POA?
A POA is a legal document used to transfer various legal powers and responsibilities from the Principal (the person creating the POA) to a named agent or attorney-in-fact (the person being authorized under the POA).
Explore our complete range of POA forms and related documents to find what best suits your needs and circumstances.
What Agents Can Do for You
When a certain event or incapacity occurs, an agent can make formal decisions regarding your finances, real estate, business, and more. Choosing an agent ahead of time can also help you and your family avoid costly guardianship or conservatorship proceedings if you ever become incapacitated in the future.
Under a springing POA, the agent can only exercise powers if a triggering event occurs. This can alleviate any concern that the agent may try to misuse a power of attorney at any time before that.
Restrictions on Powers of Attorney
Depending on where you live, there may be certain powers or authorities that you cannot grant to an agent or attorney-in-fact, such as:
- Altering your Last Will & Testament
- Filing for divorce or separation on your behalf
- Consenting to marriage on your behalf
- Naming a replacement attorney-in-fact
- Revoking your POA
Who Should Be My Agent?
Choose a trusted person as your agent, as they may handle important legal and financial matters for you. Most people name a spouse, a family member, a trusted friend, or even a professional third party such as a lawyer or accountant.
Make sure the agent understands and agrees to the responsibilities before signing your POA.
Defining the Event or Incapacity That Triggers a Springing POA
A springing POA can be activated when a predetermined event or incapacity comes to pass. Incapacity not only includes physical and mental disabilities and illnesses, but it can also be a result of:
- Advanced age
- Lengthy hospitalization
- Being under treatment for drug abuse
- Long professional deployment (such as military service)
- Being missing
- Being detained or incarcerated
- Being outside the United States
- Any situation or impairment where you are unable to make decisions for yourself, even with the use of technological assistance
Know How Things Work in Your State or County
You can use a springing power of attorney in every state except Florida (unless it was signed before Oct. 1, 2011).
Keep in mind each state has its own rules and legal or procedural requirements when it comes to POAs—such as:
- Who can create a POA?
- Who can be your agent: only an adult with capacity or anyone?
- How to notarize the POA: with two witnesses, a Notary Public, or both?
- Does the POA need to be filed with a court or government office or not?
Knowing the answers to these questions can be particularly useful if you are relocating, traveling for a long period, or own assets or real estate in a state other than where you work or reside.
Springing vs. Durable Power of Attorney
A Springing POA takes effect only when certain pre-specified conditions are met, typically when the Principal becomes incapacitated.
A Durable POA, on the other hand, refers to a POA that remains effective even if the Principal later becomes incapacitated. “Springing” and “durable” are not mutually exclusive: a POA can be both springing and durable. In that case, the agent’s authority begins only when the specified conditions are met, but the authority continues during the Principal’s subsequent incapacity.
If you are concerned that family members or friends could challenge whether you have become incapacitated, an immediately effective Durable POA may avoid the need to establish incapacity before the agent can act. However, if you prefer the agent’s authority to begin only upon incapacity, a Durable Springing POA can provide for that arrangement.
Clause-by-Clause Breakdown: A Practical User Guide
If you’re unsure about the legal requirements or best practices for creating a springing power of attorney, our comprehensive guide offers practical tips and clear guidance to help you complete the document with confidence and clarity.
Here’s a quick look at each section of our premade springing power of attorney:
Appointment of agent
An agent may have access to your bank accounts, the power to make gifts and transfer your funds, and the ability to sell your property. For that reason, it is key to choose an agent you trust to act responsibly, honestly, and in your best interests.
Many US states require an agent to be a competent adult. Once you have identified the right person for the role, add the following details to make sure there is no confusion about the agent’s identity:
- Full name of the agent and principal
- Complete postal address of the agent and principal (city/state)
Effectiveness of POA
This section allows you to decide what will cause your Springing POA to become effective. You can choose incapacity or inability, a specific event, or both, depending on your needs and applicable state law.
User input
- Review each triggering option carefully.
- Check the box next to every condition or event you want to trigger the POA.
- If you select Incapacity or Inability, choose how your incapacity will be established.
- The form allows for the number of physicians required by applicable law to be used.
- If you select Declarant’s Written Declaration, enter the full name and address of each person you designate as a Declarant.
- If you select a Specific Event, clearly describe the event that will activate the POA.
- Leave any option unchecked if you do not want it to trigger your Agent’s authority.
Grant of authority to agent
You can’t use a POA to grant sweeping legal authority like ‘I delegate all things having to do with my life’. An overly broad statement like that fails to identify what the agent can and cannot do.
Carefully choose what your Agent is allowed to do on your behalf once the trigger event occurs.
Remember, the agent can exercise only the powers or authorities laid down in the POA. This helps reduce the risk of the Agent taking actions beyond what you, the principal, intended.
Under this POA form, you can choose to grant the following specific authorities to the agent:
- Manage real estate on your behalf
- Manage physical property and belongings
- Manage investments and securities
- Trade and manage commodities, options, and futures
- Manage bank and financial accounts
- Represent business interests
- Manage insurance policies and annuities
- Manage interests in estates and trusts
- Handle legal claims and lawsuits
- Use funds for personal and family needs
- Manage government and military benefits
- Manage retirement accounts and plans
- Handle tax matters
User input
- Read each option in the list carefully
- Initial beside each power you wish to grant
- Leave uninitialed any powers you do not want to delegate
Only the powers you select will be granted to the Attorney-in-Fact. If you want to grant all the powers listed, place your initials against ‘Preceding Subjects.
Why we ask for initials
Adding initials is useful, as it confirms that each choice was reviewed and authorized at signing, helping prevent confusion or disputes later.
Grant of specific authority (optional)
Some legal powers may require specific authorization, such as making gifts, changing beneficiary designations, or changing survivorship rights. Such an authorization is typically required by federal or state laws and procedures as a way to protect the principal from unintended or unauthorized actions by the agent.
User input
- Review each authority listed in the list
- If needed, add a specific authority not included by default
- Initial against each specific authority you wish to grant to the agent
To encourage caution, the clause includes a built-in warning that these powers may materially reduce the principal’s property, affect financial interests, or change how assets are distributed after death.
Appointment of successor agent(s)
If the primary agent can’t or won’t serve or becomes legally unable to act, naming a successor agent ensures your POA can last without interruption.
Here’s what you need to do:
- Name up to two successor agents and include their contact information.
- Also, specify their relationship to the Principal (e.g., a close friend, spouse, relative, or business partner).
Keep in mind that each Successor Agent has the same powers as the primary Agent once the triggering event occurs or the Principal becomes incapacitated.
Limitation on agent’s authority
This clause seeks to prevent the Agent from using your money or property for their own benefit unless you specifically allow them to do so. So, make sure there is no conflict between the powers you grant above and any limitations or conditions you might set under Special Instructions below.
If an Agent misuses their authority to derive personal benefit without knowledge of the Principal, the Principal may seek legal redress under applicable state law.
Keep in mind that, under this springing POA form template, this restriction only applies to an agent who is not your parent, spouse, or child.
Special instructions
This section is optional, so only use it if you have any special instructions you want your Agent to follow. For example, you may want to specifically instruct the agent to ‘not transfer any interest in my real estate to themselves or their immediate family.
You might use the lines to expressly limit the agent from:
- Selling or transferring real estate below a certain price
- Opening or closing bank accounts
- Taking out loans in your name
Put another way, while the main authority sections answer “What can my Agent do?”, this section allows the principal to decide, “How, when, or under what limits can my Agent do it?”
Compensation
Decide if you want the agent to receive financial compensation for any services performed under the terms of this springing power of attorney.
- Unpaid: Choose this option when the Agent is a family member, friend, or other trusted person acting without compensation.
- Paid: Choose this option if the Agent will receive compensation for their services. Specify the agreed payment terms, such as an hourly rate, flat fee, or other arrangement in the blank space provided.
Reimbursement
Discharging your duties as the agent can involve several costs and expenses. From travelling and lodging to postage, document fees, and other out-of-pocket expenses, these costs can add up quickly.
So, it’s a good idea to decide beforehand whether the agent will be reimbursed for these expenses or not.
Check the option that applies to you.
Durability/termination
A POA may be valid for a specific period or until a particular event occurs, depending on its terms and applicable state law. Clarify when your Springing Power of Attorney starts and ends.
- When It Starts (or Effective Date): Decide when the Springing POA becomes active—that is, a certain triggering event already defined in Section 2 of the form.
- When It Ends (or Termination Date): Decide when the Springing POA stops, deactivates, or terminates. Once this happens, the agent no longer has the legal authority to make decisions on behalf of the principal.
Place a tick in the checkbox for the termination scenarios you want to choose. Remember, if you check multiple scenarios, the first event to occur will automatically terminate this Springing POA.
Choose from the following termination scenarios:
- Upon a written revocation.
- Upon the death of the Principal.
- Upon the completion of the specific purpose for which the POA was created.
Nomination of conservator and guardian (optional)
Comprehensive estate planning also requires nominating a person in advance for two important roles a court may find it necessary to appoint under certain circumstances:
- A guardian for your person
- A conservator for managing your estate
Indicating your preference in advance can help the court understand your wishes if you ever become unable to manage your personal, medical, or financial affairs on your own.
In the space provided, identify your nominees for each role. Make sure to add their updated contact details, including a complete postal address. This ensures that these individuals can be reached when needed.
Liability of my agent
It is important to protect your Agent from personal liability for losses resulting from any actions performed under the POA in good faith. Keep in mind that the protection does not cover serious wrongdoing, such as gross negligence, willful misconduct, or bad faith—for these, the agent remains personally liable.
What the Agent must do:
- Keep accurate records of transactions
- Act honestly
- Act in your best interest
Third-party reliance
Depending on the purpose of the POA and the nature of the authority granted, third parties may rely on a POA document when dealing with your authorized agent.
But what happens if the POA is later revoked or found to be invalid by a court of law? Are third parties still protected in such situations?
The answer is yes! Third parties who rely on a POA are generally protected if they don’t know the authority has been rescinded. Until notified of revocation, actions taken by third parties in good faith under the original POA are often still legally valid.
Who might rely on a POA?
- Banks and financial institutions
- Title companies and escrow companies
- Realtors and closing agents
- Government agencies and offices
- DMV or motor vehicle agencies
- Insurance companies
- Lenders and mortgage companies
- Business partners
- Attorneys and law firms
Revocation
You can revoke your springing power of attorney at any time, as long as you have capacity. This section confirms the Principal’s right to revoke the power of attorney by putting the revocation in writing and communicating it to the agent.
While some states do allow oral revocation of certain powers of attorney, it’s safer to put things in writing. Feel free to use our revocation of power of attorney form to cancel a previous POA correctly.
Governing law
Identify the state whose laws govern the enforcement of your springing POA. Simply write the name of the state, for instance, Texas or Illinois.
Why This Section Matters: Governing law decides how rules and remedies are interpreted and which courts have the jurisdiction to settle any disputes arising out of the POA. If unsure, ask a lawyer for help.
Signatures
To make it legally enforceable, the Principal must sign and date the springing POA in accordance with applicable state law. The Agent may also be asked to formally accept the appointment by signing the POA or a separate acknowledgment.
Remember, because this is a springing POA, the Agent’s authority does not become effective until the specified triggering conditions are met.
Principal’s signature
The Principal must sign and date this section to confirm their intent to create the POA and authorize the Agent to act on their behalf when the conditions for the springing authority are satisfied.
Agent’s signature
The Agent should enter their name, date, and signature, if required or provided for, to show acceptance of the appointment. The signature may also serve as a specimen signature for identification purposes.
How to Properly Execute a Springing POA
There is no universal rule on how to duly execute a springing power of attorney. Some states may require it to be notarized, i.e., signed in front of a notary public; others may require the signatures of two individual witnesses.
Our template offers both options. Choose the execution rule depending on local laws and any additional requirements imposed by the institution that will receive the POA before signing.
Witness acknowledgment (if applicable)
Depending on state law, one or more witnesses may be required to observe the Principal signing the Power of Attorney and then sign the document themselves.
By signing, each witness confirms that the Principal:
- Is of sound mind
- Acted voluntarily
- Was not a victim of fraud, duress, or undue influence
The template includes a dedicated section for witness acknowledgement. The form also specifically excludes any person who is related to the principal by blood, marriage, domestic partnership, or adoption from becoming a witness.
Each witness should add a signature, date, and address in the blank spaces provided.
Notary acknowledgment (if applicable)
We include a printable Notary Acknowledgment form with fillable spaces for entering the notary’s name, signature, official notarial seal, and the commission expiration date.
Because legal requirements vary by state, you may need to replace the included acknowledgment with your state’s required wording. State courts can be quite particular when it comes to legal terminology, phrases, and formatting of POA documents.
Can I Add My Own Clauses?
Yes. The template is 100% editable, so you can add new clauses to fit your individual needs and situation. Here are two types of clauses you might want to consider adding:
- Agent Resignation: Allows the Agent to resign by written notice and requires the Agent to return the Principal’s records, documents, and property.
- Co-Agent Requirement: Requires multiple named Agents to act jointly, preventing one Agent from acting alone without the others’ written agreement.
Common Mistakes to Avoid
- Using incomplete information such as misspelled names or the wrong address
- Forgetting to initial each granted power
- Naming an unavailable Agent
- Failing to notarize when required
- Not revoking previous POAs related to the same authority
When This Springing POA Template May Not Be Appropriate
This template may not be suitable if:
- You need a POA for a temporary or narrowly defined transaction that does not require a springing trigger
- You’re granting authority over healthcare decisions
- The Principal has already lost legal capacity
- Your state requires statutory language not included in the template
- Your state does not recognize springing powers of attorney in the circumstances contemplated by this template
Technical Note
You can access all our POA templates in multiple file formats. This can help you tailor use to different workflows and software preferences, such as:
- Microsoft Word for easy offline editing
- Google Docs for cloud-based sharing, editing, and collaboration
