Introduction

According to the American Bar Association, approximately 1.5 million Americans are currently living with a disability, and this number is expected to increase as the population ages (Source: American Bar Association, "Revocation of Durable Powers of Attorney"). A Power of Attorney (POA) is a crucial legal document that allows someone to make financial, legal, and healthcare decisions on your behalf if you become incapacitated. However, there are two types of POAs: Durable and Springing. Understanding the differences between them is essential to make informed decisions about your future.

Section 1: Durable Power of Attorney

A Durable Power of Attorney (DPOA) remains effective even if you become incapacitated or mentally incompetent. It is a powerful tool that allows your designated agent to make decisions on your behalf without interruption. A DPOA is often preferred because it:

• Provides continuity of decision-making
• Avoids the need for court intervention.
• Allows for quick response to emergencies.
• Enables your agent to manage your financial affairs.
• Allows your agent to make healthcare decisions.
• Provides peace of mind for you and your loved ones

Actionable Tip: Consider naming multiple agents to act jointly or successively to ensure continuity of decision-making.

Mistake to Avoid: Failing to specify the scope of authority granted to the agent, which can lead to abuse of power.

Relevant California Statute: California Probate Code Section 4121 (a) (1)

Example: John creates a DPOA naming his wife, Jane, as his agent. If John becomes incapacitated due to a stroke, Jane can continue making decisions on his behalf without interruption.

Section 2: Springing Power of Attorney

A Springing Power of Attorney (SPOA) only becomes effective when you become incapacitated or mentally incompetent. It "springs" into action when needed. An SPOA is often preferred because it:

• Provides an added layer of protection.
• Ensures the agent's authority is only exercised when necessary.
• Allows for more control over the agent's actions.
• Can be used in conjunction with other legal documents.
• Provides flexibility in decision-making.

Actionable Tip: Consider using an SPOA if you're hesitant to grant immediate authority to your agent.

Mistake to Avoid: Failing to specify the triggering event or criteria for determining incapacity, which can lead to disputes.

Relevant California Case Law: Conservatorship of Wendland (2001) 26 Cal.4th 519

Example: Maria creates an SPOA naming her son, Michael, as her agent. The SPOA only becomes effective if Maria is declared mentally incompetent by two physicians.

Section 3: Key Differences and Considerations

When deciding between a DPOA and SPOA, consider the following:

• Level of trust in your agent
• Desire for continuity of decision-making
• Need for added protection
• Complexity of your financial and legal affairs
• Potential for conflicts of interest
• Need for court intervention
• Your personal preferences and values

Actionable Tip: Consult with an experienced attorney to determine which type of POA best suits your needs.

Mistake to Avoid: Failing to review and update your POA regularly, which can lead to unintended consequences.

Section 4: Real-Life Scenarios

Understanding the differences between DPOA and SPOA is crucial in real-life scenarios, such as:

• Managing financial affairs during incapacitation
• Making healthcare decisions in emergency situations
• Handling legal matters during mental incompetence
• Dealing with family conflicts and disputes

Section 5: Conclusion and Next Steps

Choosing between a Durable and Springing Power of Attorney depends on your individual circumstances and preferences. It's crucial to consult with an experienced attorney to determine which type of POA best suits your needs. Don't wait until it's too late; take control of your future today.

Call to Action

If you're unsure about which type of Power of Attorney is right for you, contact the Law Office of James Burns at (949) 305-8642 or visit (link unavailable) With over 24 years of experience, James Burns can guide you through the process and ensure your wishes are respected.

Additional Resources

• American Bar Association: "Revocation of Durable Powers of Attorney"
• California Probate Code Section 4121 (a) (1)
• Conservatorship of Wendland (2001) 26 Cal.4th 519