Springing vs. Durable Power of Attorney: What’s the Difference?
Planning for illness or injury often starts with choosing someone you trust to handle money or healthcare decisions. Two common options are a durable power of attorney or a springing power of attorney. Both of these documents allow you to name an agent to act on your behalf, but they differ on when that authority starts.
The right choice depends on whether you want to grant immediate authority, your health history, and how fast you want help to start if something goes wrong. At Brazil Clark, PLLC, located in Nashville, Tennessee, we are experienced in helping our clients choose the right power of attorney for their family that reflects their needs and desires.
What Is a Durable Power of Attorney?
A durable power of attorney is a legal document in which one person is granted the authority to make financial, medical, or other legal decisions on your behalf. This document takes effect as soon as you sign it and continues even if you later lose capacity.
Since this document grants immediate authority, your agent can help pay bills, access accounts, and sign documents. Many people prefer this because it avoids delays during emergencies and allows a trusted person to step in without additional proof.
However, a primary drawback is perception. Some worry that immediate authority feels too open-ended. Good guardrails can address that concern, including selecting a careful agent and limiting their powers to specific tasks. If you are seeking simplicity and quick action, a durable power of attorney may fit your needs.
What Is a Springing Power of Attorney?
A springing power of attorney is a legal document that allows your agent to act on your behalf. However, it only activates after a specific condition is met, such as your incapacity. Many families choose this type of POA to maintain control while they’re alive and well. When a triggering event occurs, the agent’s authority will then “spring” into effect.
However, for springing powers of attorney, any third parties (such as banks or online accounts) may require documentation before they will honor the document. If your agent needs to move fast, time spent gathering letters or evaluations can be stressful.
Differences Between Durable and Springing POAs
While both documents appoint a trusted agent, the timing and verification requirements often differ significantly. Some of the primary differences between the two that you should be aware of before signing a POA include the following:
Activation timing: Durable authority begins at signing, while springing authority starts after a defined triggering event.
Speed in emergencies: Durable POAs allow your agent to act immediately. Springing POAs can take longer, especially when proof is required.
Privacy preferences: Springing POAs can feel more private during healthy years. The terms for durable POAs, however, rely on trust and clear limits.
Institution response: Banks and hospitals often prefer clear, current documents and may initially push back against springing POAs until they can verify the documentation.
Oversight options: Both durable and springing POAs offer avenues for protection, such as including co-agents or reporting requirements, to increase accountability.
Once you understand these differences, you and an experienced estate planning attorney can work together to tailor the language in your document so it works the way you intend.
Tips for Choosing an Agent for a POA
Whether you select durable or springing authority, who you choose as an agent matters is one of the most essential decisions you will need to make. We recommend you choose someone who is organized, calm under pressure, and willing to follow instructions. You can then shape the document to match how that person will work and how other relatives will be informed. Here, we provide additional tips on choosing a suitable agent for your POA.
Primary and successor agents: Name backup agents in case your primary agent is no longer able to fulfill their responsibilities.
Co-agents for checks and balances: Allow two agents to work together for significant decisions, such as selling a house.
Limited powers by task: Grant access only to specific accounts or transactions.
Report-sharing rules: Require your agent to provide periodic accounting to a trusted relative or to your lawyer to increase transparency.
Compensation and reimbursement: State how your expenses will be handled to avoid financial issues and maintain familial relationships.
Enacting these guardrails can help maintain trust and reduce tension. They can also help a bank or hospital feel more comfortable honoring your power of attorney, especially when time is short.
How to Prove Incapacity and Avoid Delays
Springing powers often require a doctor’s letter or two providers to confirm your incapacity. While this may sound simple, it can be tricky if you are between providers, out of state, or admitted after hours. Therefore, it's important to establish who can certify your POA and what form the certification must take, so your agent doesn't have to hunt for a letter during a crisis. Some practical ways to make the verification process smoother include:
Include clear trigger language: Determine who can certify incapacity and whether one or two letters will be required.
Note HIPAA release coordinations: Grant your agent access to your medical records so doctors can confirm your POA as soon as possible.
Provide backup certifiers: Allow a second provider, such as a psychologist or nurse practitioner, to certify your POA if your primary choice is unavailable.
Limit your POA to short-term powers: Consider a temporary authority for narrow tasks if any delays would harm finances or care.
Expiration review: Ask your doctor to revisit your capacity if you recover, so your medical record reflects your improvement.
When you have these details in place, a springing power becomes more workable. However, if you prefer to avoid those hurdles altogether, a durable power with added safeguards may be a better option.
Keep Your Documents Current and Accessible
Life changes. Marriages, divorces, relocations, and new diagnoses can shift what you need and who should act for you. While older documents can still work, banks and hospitals often prefer those with current dates and up-to-date contact information. Treat your powers of attorney like active tools rather than papers you sign once and forget about.
Regular reviews can also provide transparency and peace of mind. Scheduling annual check-ins with your agent can help ensure your expectations are aligned and confirm that phone numbers, email addresses, and provider lists still work. If your health or finances change, update your POA and redistribute copies to make sure every decision-maker is on the same page.
Contact an Experienced Estate Planning Attorney in Tennessee Today
Singing a power of attorney is a helpful tool to allow someone you trust to make decisions on your behalf if you are unable to do so yourself. However, it's essential to understand which type of power of attorney best fits your situation before you sign.
At Brazil Clark, PLLC, we are experienced in helping our clients understand the differences between springing and durable powers of attorney and in creating estate planning documents that best serve their needs. Located in Nashville, Tennessee, we serve clients throughout Rutherford County. Contact us today to schedule an initial consultation.