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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.
A springing power of attorney takes effect at a future time or upon an event defined by the principal, including but not limited to, the principals incapacity. The springing power of attorney may be appropriate where the principal wants to retain complete control over his or her assets until disability.
In California, there are four main types of POAs, each offering a specific scope of decision-making power: general, durable, limited, and medical.
The new law enables a principal to modify the standard POA form to authorize the principal to make gifts over $5,000 in a single year. The new law also allows a principal to make gifts to himself or herself, or to make other gift transactions and changes to interests in the principals property.
For example, you might say that your spouse has power of attorney if you are ever rendered unconscious. If you are sedated for surgery, that springing power of attorney would come into effect and give your spouse power of attorney over your affairs.
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By far, the most common power of attorney in New York law is a durable power of attorney. This means the power of attorney is effective the day you sign it, but that power continues even if you become incapacitated.
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.
Choosing between durable and general depends on what you need for the future. We suggest talking to an estate planning lawyer to see which one is right for you. In short, durable powers of attorney give better protection if someone cant make decisions and keep decision-making going.

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