Simple English definitions for legal terms
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Springing durable power of attorney: A type of power of attorney that starts working when the person who made it is unable to make decisions for themselves. It doesn't work right away, but only when the person becomes incapacitated. This is different from other types of power of attorney that end when the person becomes incapacitated. The "springing" part means that it starts at a specific time or after the person becomes incapacitated. Once it starts, it will keep working even if the person can't make decisions anymore.
Definition: Springing durable power of attorney is a legal document that allows someone to appoint another person to make decisions on their behalf when they become incapacitated. Unlike other types of power of attorney, a springing durable power of attorney does not take effect immediately. Instead, it only comes into effect when the principal becomes incapacitated.
For example, let's say that John wants to appoint his daughter, Sarah, as his agent to make decisions for him if he becomes incapacitated. John can create a springing durable power of attorney that specifies that Sarah's powers only come into effect if John becomes incapacitated. Until that time, John retains full control over his affairs.
Another example is if an elderly person wants to ensure that their children can make decisions for them if they become unable to do so. They can create a springing durable power of attorney that specifies when the power of attorney comes into effect, such as when a doctor certifies that they are no longer able to make decisions for themselves.
Springing durable power of attorney is a useful tool for people who want to ensure that their affairs are taken care of if they become incapacitated. By creating a springing durable power of attorney, they can appoint someone they trust to make decisions on their behalf, while also ensuring that they retain control over their affairs until they become incapacitated.