${site.data.firmName}${SEMFirmNameAlt}
Throughout Southern California
310-324-9403
Toll-Free
866-402-1805
View Our Practice Areas

"Spring" Your Power of Attorney or Make It Effective Immediately?

Good advisors recommend their clients of all ages have powers of attorney ("POAs") in place. But the biggest and apparently most hotly debated question is whether or not POAs should spring-meaning whether they should be effective immediately upon execution (typically the statutory default) or whether they should become effective only upon a determination that the principal is disabled (that is, spring into effectiveness upon the triggering event of disability).

Powers of attorney are considered essential in any estate plan as they are a great way to lessen (or eliminate) the need for court involvement in the case of incapacitation.

POAs allow someone else to handle your affairs. A general durable power of attorney allows someone else to handle your financial affairs and a health care power of attorney allows someone else to make medical decisions on your behalf.

Recently, WealthManagement.com publish an article about the pros and cons of making the effective date of a power of attorney immediate or springing. The article is appropriately titled "Powers of Attorney: To Spring or Not to Spring?"

The biggest issue with making a power of attorney effective immediately is that it makes it easier for someone (the "attorney in fact") to abuse his or her power. All the attorney in fact needs is the document itself and he or she can have access to your finances and/or medical records.

However, if the power of attorney requires that you become disabled before it becomes effective, then the attorney in fact must prove that you are in fact disabled before acting.

The downside to this is that it makes it more difficult to act during an emergency.

There is no right or wrong answer when it comes to whether your powers of attorney should be immediate or springing. Without question, however, this is something you should talk over with your estate planning attorney.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Find Out The Difference That Experience And Expertise Makes

Get the peace of mind that you deserve. First, attend a seminar. This will entitle you to a free initial consultation and a discounted estate planning fee. To learn more about our services or sign up for a seminar, contact us online or call us at 866-402-1805. We have offices in Torrance, Orange, Newport Beach, Pasadena and Woodland Hills.

Questions? Contact Us.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Call Now For A Free Consultation: 866-402-1805
  • ${site.data.firmName}${SEMFirmNameAlt}
  • Main Office: Torrance

    Torrance Office
    990 West 190th Street
    Suite 500
    Torrance, CA 90502

    Toll Free: 866-402-1805
    Map & Directions

    Orange Office
    333 City Boulevard Street
    17th Floor
    Orange, CA 92660

    Toll Free: 866-402-1805
    Map & Directions

    Newport Beach Office
    5000 Birch Street
    Suite 8000
    Newport Beach, CA 92660

    Toll Free: 866-402-1805
    Map & Directions

    Pasadena Office
    790 East Colorado Boulevard
    9th Floor
    Pasadena, CA 91101

    Toll Free: 866-402-1805
    Map & Directions

    Woodland Hills Office
    5850 Canoga Avenue
    4th Floor
    Woodland Hills, CA 91367

    Toll Free: 866-402-1805
    Map & Directions

    Office map