Springing durable power of attorney

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Springing durable power of attorney is a type of power of attorney that lasts when the principal is incapacitated and does not take effect immediately. Durable power of attorney allows the powers of the attorney to continue when the principal no longer has the judgement to make decisions for theirself, unlike others where incapacitation would end the power of attorney. A  power of attorney is springing when it takes place at some time in the future after signing. Springing durable power of attorney combines both of these elements where someone wants the power of attorney to take effect at a specific time or after the principal becomes incapacitated. Simultaneously, the document creating the power of attorney ensures that once the power springs into effect it will remain so when the person is incapacitated. 

[Last updated in August of 2021 by the Wex Definitions Team]