Legal Question in Wills and Trusts in Utah

What is the difference Between a Durable General Power of Attorney and a Springing Power of Attorney?


Asked on 2/07/10, 11:44 am

1 Answer from Attorneys

Randy Lish Randy M. Lish, Attorney at Law

There are two types of general powers of attorney. The first is a power that exists, or is effective, from the time it is signed, and continues until it is revoked or the person granting it dies. The second is the springing power power of attorney. With the springing power, the power is not effective until certain conditions are met--the power springs into effect when those conditions are met. Usually, the condition is that the grantor of the power must be disabled. I do not like sprnging powers because it raises the issue of when it actually springs into effect, and sometimes this leads to litigation. If you have further questions, please contact me.

Randy M. Lish

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Answered on 2/12/10, 12:28 pm


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