Legal Question in Wills and Trusts in Missouri

Springing Power of Attorney

What is a Springing Power of Attorney and how does it differ from a General Power of Attorney?


Asked on 5/24/05, 5:27 am

1 Answer from Attorneys

Anthony Smith LawSmith

Re: Springing Power of Attorney

A general power of Attorney and a springing power of attorney are not polar opposites. Therefore, the complete description of differences will not be fully covered her.

A springing power of attorney is one that does not take effect at the time the designation is made. Commonly they are done in instances where a person wants to continue to handle their own affairs while they can, but want to make plans for a specified "person" to take over when they cannot. For example," I designate X to act as my attorney in fact as to ..., when two or more doctors agree that I cannot ....., and said power will remain with X until...."

The power of attorney "Springs" into action when the designated event or occurrence, or date comes.

A general power of attorney is a term that relates to the extent of the powers. Springing refers to when the powers begin.

Good Luck,

Tony Smith

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Answered on 5/24/05, 9:50 am


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