Power of attorney comparison
Durable vs springing power of attorney
“Durable” and “springing” describe different features. Durable generally concerns whether authority survives incapacity; springing concerns whether authority begins only after a specified event.
General educational information only. Requirements vary by document, jurisdiction, institution, and individual facts.
What durable means
A durable power of attorney is designed to remain effective despite later incapacity, subject to the document and governing law. Durability does not necessarily tell you whether the authority starts immediately.
What springing means
A springing power of attorney is written to become effective only when a stated condition occurs. That condition may involve incapacity, and the document should explain who determines it and what evidence is needed.
Why activation language matters
During an emergency, the agent may need to obtain physician statements or other evidence and present the power of attorney to a bank or other institution. Ambiguous or impractical requirements can delay action.
Questions to ask during legal review
Ask when authority starts, what ends it, what evidence is required, whether alternate agents are named, whether agents act jointly or separately, what powers are excluded, and how institutions in your jurisdiction typically review the document.
Connect the document to the continuity plan
Record the signed original's location, the named agent, alternate agents, activation standard, reviewing lawyer, and the people who should be notified. Do not reduce a complex document to a generic platform assumption.
Sources and further reading
Provider interfaces and institutional requirements can change. Confirm current instructions with the organization involved.
- Government of Canada — Powers of attorney and joint bank accounts
- Consumer Financial Protection Bureau — Managing someone else's money