A Power of Attorney (POA) is one of the most important estate planning documents you can have. It allows someone you trust to manage your financial and legal affairs if you are unable to do so.
But not all powers of attorney are the same.
Two common types are:
- Durable Power of Attorney
- Springing Power of Attorney
Understanding the difference can help you decide which is right for your situation.
What Is a Durable Power of Attorney?
A Durable Power of Attorney becomes effective immediately after you sign it (unless otherwise specified).
“Durable” means the authority continues even if you become incapacitated.
With a durable POA:
- Your chosen agent can act right away.
- The authority remains in effect if you become ill, injured, or mentally incapacitated.
- It ends only upon your death or if you revoke it.
Example of a Durable POA
You sign a durable POA naming your spouse as your agent.
If you are:
- Traveling overseas
- Recovering from surgery
- Diagnosed with a medical condition
Your spouse can immediately handle:
- Banking
- Bill payments
- Real estate transactions
- Financial management
No additional proof of incapacity is required.
What Is a Springing Power of Attorney?
A Springing Power of Attorney does not take effect immediately.
Instead, it “springs” into effect only after a specific event occurs — typically your incapacity.
Most commonly, incapacity must be certified by one or more physicians before the agent can act.
Example of a Springing POA
You sign a springing POA stating it becomes effective only if two doctors certify that you are unable to manage your affairs.
Until that condition is met:
- Your agent has no authority.
- You retain full control.
If you become incapacitated, the doctors’ certification activates the POA.
Key Differences: Durable vs. Springing POA
1. When Authority Begins
Durable POA:
Effective immediately.
Springing POA:
Effective only upon incapacity or another triggering event.
2. Ease of Use
Durable POA:
Generally easier to use. Banks and institutions can verify authority quickly.
Springing POA:
May require medical documentation before being accepted. This can cause delays during emergencies.
3. Privacy and Control
Some people prefer springing POAs because:
- The agent cannot act unless incapacity occurs.
- There is less concern about immediate misuse.
However, durable POAs can include safeguards such as requiring accounting or naming co-agents.
Potential Issues With Springing POAs
While they sound appealing, springing POAs can create practical problems:
- Delays in obtaining medical certifications
- Disagreements between doctors
- Financial institutions refusing to honor them
- Emergencies requiring immediate action
In urgent situations, delay can be costly.
Which Is Better?
There is no one-size-fits-all answer.
Durable POA May Be Better If:
- You trust your chosen agent completely.
- You want seamless financial management if needed.
- You want to avoid delays during emergencies.
Springing POA May Be Better If:
- You are concerned about premature use of authority.
- You prefer activation only upon incapacity.
- You are comfortable with potential administrative delays.
In practice, many estate planning attorneys recommend durable POAs because they are more practical and widely accepted.
Important: Both Must Be Properly Drafted
Regardless of type, a POA should clearly address:
- Banking authority
- Real estate transactions
- Tax matters
- Business interests
- Gifting powers
- Digital assets
Poorly drafted POAs are often rejected by financial institutions.
The Bottom Line
A Durable Power of Attorney takes effect immediately and remains in place during incapacity.
A Springing Power of Attorney only becomes effective after a triggering event, usually incapacity.
Choosing between them depends on your comfort level, trust in your agent, and desire for flexibility versus control.
Because a POA is a critical part of incapacity planning, it’s important to ensure it is properly drafted and tailored to your specific needs.
Durable vs. Springing Power of Attorney Comparison Chart
| Feature | Durable Power of Attorney | Springing Power of Attorney |
|---|---|---|
| When It Becomes Effective | Immediately upon signing (unless otherwise stated) | Only after a triggering event (usually incapacity) |
| Proof Required to Use | No proof of incapacity required | Typically requires written certification from one or more physicians |
| Continues After Incapacity? | Yes | Yes (once activated) |
| Ease of Use | Generally easier for banks and institutions to accept | Can cause delays while proving incapacity |
| Emergency Situations | Agent can act immediately | Action may be delayed while meeting activation requirements |
| Privacy/Control Concerns | Agent technically has authority right away | Agent has no authority until incapacity occurs |
| Risk of Misuse | Slightly higher risk if agent is not trustworthy | Reduced risk before incapacity |
| Common Problems | Requires strong trust in agent | Banks sometimes hesitate to accept; medical certification delays |
| Best For | Individuals who want seamless financial management and trust their agent fully | Individuals concerned about premature use of authority |
| Ends When? | Upon death or revocation | Upon death or revocation |
Quick Summary
- Durable POA = Immediate authority + fewer delays
- Springing POA = Delayed authority + more activation steps
In practice, many attorneys recommend a Durable Power of Attorney because it avoids complications during emergencies — but the right choice depends on your comfort level and circumstances.
