Springing Power of Attorney Form California

The springing power of attorney document is a rather different legal document than a durable power of attorney document. The privileges you empower in a springing POA document become official only when the requester becomes incapacitated or medically disabled.

This POA paper doesn’t allow your selected agent to make any health care or medical decisions on your behalf. A springing power of attorney document is an variation to the durable power of attorney document. A Springing power of attorney document does not become in effect until you are incapacitated. This means that your selected representative can only begin acting as your “attorney-in-fact” only after you are determined to be medically incompetent or physically disabled by a physician.

Frequently people do not feel comfortable giving a wide range of capabilities to their chosen representative immediately after signing a POA document which is why they select a springing POA. However, a springing POA can become an issue if there is disagreement between family members or doctors in regarding the incapacitated state of the grantor.

Note that in order for a springing power of attorney document to become in effect there must be a formal proclamation of the incapacitation of the POA’s grantor. In your POA you may proclaim that multiple physicians must agree and put their findings in writing that you the document’s grantor are disabled or otherwise unable to manage your affairs.

Only after these legal proclamations are signed and then attached to the POA can your agent start acting as your attorney-in-fact.

Until the disability of the grantor has been officially established, an institution, such as a bank or the IRS, may refuse to honor the POA document.

A springing POA gives the person or group whom you designate as your agent strong and effective authority to handle your property, money and estate. Some of the topics considered in a springing POA are: personal property transactions, stocks and bonds and other market assets, social security and other government benefits, general banking, estate management, legal litigation, retirement plan transactions, personal and family maintenance and tax matters.

These powers of the agent are more comprehensively explained in the uniform statutory form power of attorney act.

The springing POA document must be signed and acknowledged before a notary public. This type of durable power of attorney that could affect a tangible property must be recorded with a notary public but not necessarily a lawyer.

Some US state counties do require the grantor to register this durable POA at the local office of commissioner of deeds, or at the county clerk’s office.

If there are elements concerning this document that are not clear to you, you are encouraged to ask a lawyer to explain it in more detail with you.

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California Durable Power of Attorney Form

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