Springing power attorney form 2025

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Springing durable power of attorney is a type of power of attorney that lasts when the principal is incapacitated and does not take effect immediately.
The springing term refers to the timing of when your agent is allowed to step in to help you. A springing POA provides that an agent cannot act until you (the principal) are determined to be incapacitated based on the criteria listed in the POA.
Whereas a springing power of attorney is limited to incapacity, a durable power of attorney allows a medical agent to act on your behalf even after incapacity.
In California, a springing POA activates when the principal is declared incapacitated. This often requires a medical determination or a written statement from a doctor. The principal can specify the conditions under which the POA becomes effective in the document.
A springing POA is effective on the occurrence of specified conditions; a non-springing, or durable, POA is effective immediately. Typically, springing powers would take effect if you were to become mentally incapacitated, comatose or otherwise unable to act for yourself.
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