Frequently Asked Questions (FAQs)
Powers of Attorney
What is a durable power of attorney? What is a springing power of attorney?
Historically, powers of attorney became ineffective when the principal, the signer of the power of attorney, became incapacitated. A durable power of attorney remains effective even when the principal loses capacity. That, of course, is the time when the power of attorney is most often needed.
A springing power of attorney allows the attorney-in-fact to act only upon the occurrence of a certain event. Most springing powers of attorney authorize the attorney-in-fact to act if a doctor certifies that the principal is incapacitated, that is, the principal has become unable to manage his or her financial affairs.
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