You may hear a POA referred to as a "springing" or a "durable" POA.
A springing POA comes into effect once someone is incapacitated, or upon some other event.
A durable POA is in effect the moment that you sign it.
Clients sometimes ask me why they should sign a durable POA- after all, the person has the power to take their assets anytime, and why should they have that power? My response is always, and has always been: you trust them, right? Why wait for "some event" to determine when the springing POA springs? If you don't trust them to do the right thing while you are healthy, do you trust them to do the right thing once you're incapacitated?
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About Me
- Carl Archer
- I am an elder law attorney with my own solo practice. I'm located in central New Jersey but I make house calls. I am in the business of setting the elderly and their caregivers at ease, by making sure they have high-quality health care they can afford, and governmental benefits they're entitled to.