A springing power of attorney is a power of attorney that only becomes effective at a certain date in the future or when some event occurs in the future. The date or the event must be written into the power of attorney. Oftentimes, the event that makes the power of attorney become effective is when the principal becomes incapacitated.
The examples and perspective in this article deal primarily with the United States and English-speaking world and do not represent a worldwide view of the subject. (April 2022) |
A power of attorney (POA) or letter of attorney is a written authorization to represent or act on another's behalf in private affairs (which may be financial or regarding health and welfare), business, or some other legal matter. The person authorizing the other to act is the principal, grantor, or donor (of the power). The one authorized to act is the agent, attorney, or in some common law jurisdictions, the attorney-in-fact.
Formerly, the term "power" referred to an instrument signed under seal while a "letter" was an instrument under hand, meaning that it was simply signed by the parties, but today a power of attorney does not need to be signed under seal. Some jurisdictions require that powers of attorney be notarized or witnessed, but others will enforce a power of attorney as long as it is signed by the grantor.
