Imagine you’re no longer able to make decisions for yourself, whether due to a sudden accident or a gradual health decline.
Who would step in to help manage your finances or property? That’s where a springing power of attorney comes in.
Unlike a power of attorney that takes effect immediately upon signing and remains valid even if you become incapacitated, a springing power of attorney only comes into effect once certain conditions are met, typically when you’re no longer able to make decisions for yourself. In British Columbia, this distinction is reflected in the terminology. Enduring powers of attorney take effect immediately, whereas springing powers of attorney only take effect upon incapacity.
In this article, we’ll look deeper into these two types of powers of attorney (POA) documents, as well as the benefits and drawbacks of each.
What is the difference between a springing and enduring power of attorney?
A springing POA activates only upon specific conditions (like incapacity).Ěý
An enduring POA takes effect immediately after the POA is executed, and continues even if the person who made the POA becomes incapacitated.
What is the most recommended type of power of attorney?
The best option depends on your wishes.Ěý
Most estate planning professionals recommend creating an enduring power of attorney, which takes effect right away and continues if you become incapacitated. This helps avoid delays; springing POAs typically require official confirmation of incapacity, which can be difficult to obtain. It may be hard to find a doctor willing to certify mental incapacity and financial institutions might be hesitant to accept a POA until that confirmation is provided. There may also be a higher risk of abuse if the POA only activates when you’re no longer able to advocate for yourself.Ěý
By contrast, a springing POA only “springs” into effect when certain conditions are met—most commonly, official confirmation of incapacity. While this can offer more control—since your attorney can’t act until you’re deemed incapable—it also means there may be a waiting period before your attorney can step in.
Is a springing power of attorney right for you?
A springing power of attorney is suitable for individuals who:
- Want to retain control over their affairs for as long as possible.
- Prefer additional security to prevent misuse of their POA.
- Have trusted family members who can oversee the incapacity verification process, if needed.
If you prefer to appoint someone who can act anytime after you’ve executed your POA, an enduring power of attorney may be a better option.
How does a springing power of attorney work?
A springing power of attorney only comes into effect when specific conditions are met.
In most cases, a springing POA is triggered by incapacity - for example, you only want your attorney to manage your finances if you are incapable of managing them yourself due to illness or injury.Ěý
Incapacity is determined by a medical evaluation, which confirms that you, the creator of the POA, no longer have the ability to manage your own property.
Once verified, your attorney has the authority to handle your financial decisions, depending on the document’s scope.
Power of attorney documents vary by province. For example, Ontario has a “Power of Attorney for Property” and a “Power of Attorney for Personal Care,” Alberta uses an “Enduring Power of Attorney” and “Personal Directives,” and British Columbia has “Representation Agreements” for healthcare decisions. We often group these under healthcare POA and financial POA for simplicity. For more details, see our Complete Guide to Power of Attorneys in Canada.
Steps involved in activation
1. Springing event happens
Examples of springing events might include:
- Incapacity: for example, you are ill or injured and can’t manage your own finances
- Leaving the country: for example, you want someone to manage your finances while you spend the winter abroad
- A specific date or milestone: for example, you only want someone to manage your finances after you turn 80
2. Your attorney or next of kin gather appropriate documentation
To prove the POA has come into effect, the attorney or next of kin must gather evidence that the springing event occurred.
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3. Notify relevant parties
After collecting the evidence, your attorney would then inform all relevant parties of their role as your representative and present proof as needed.Ěý
Relevant parties may include:
- Banks or financial institutions
- Insurance companies
- Government agencies (if needed)
- Family members or caregivers
4. Execution of responsibilities
Once proof has been accepted, your attorney can begin acting on your behalf.Ěý
Depending on the scope of their responsibilities in your POA, they may be able to access your bank accounts, pay your bills, or manage your property on your behalf.Ěý
Your attorney’s powers are limited to what’s outlined in your POA and they have a legal duty to act in your best interest.Ěý
For example, let’s say you create a medical power of attorney and outline that your attorney can only make decisions on your behalf if you’re incapacitated.Ěý
And one day, you get into a car accident and are unconscious.Ěý
As long as you lack the capacity to make decisions yourself, your attorney can make financial decisions for you.Ěý
This is considered a special or limited power of attorney, because your attorney’s authority disappears once you can make decisions for yourself again.
Read this guide to make sure your POA is accepted →
Can you revoke a springing POA?
All powers of attorney are revocable powers of attorney as long as you have capacity. You can change your mind anytime.Ěý
To avoid confusion, remember to destroy old copies and notify any relevant institutions of the change. Keep in mind that specific requirements vary by province—check your province’s legislation or consult an expert if you’re unsure.
If you’ve made a POA with 91AV, changing your attorney is free, and as easy as logging back in, appointing a new attorney, and then downloading and executing your documents.
Advantages of a springing power of attorney
Opting for a springing power of attorney has several benefits:
Greater control over decision-making
The biggest advantage of a springing POA is that you remain fully in charge of your finances, and property decisions until the triggering event occurs.
This allows you to keep control over everything with the peace of mind that you’ve got everything covered, just in case.
Protection against misuse
Because springing POAs aren’t active right away, they can reduce the risk of someone misusing their authority while you’re still capable of making decisions. However, some experts note that the risk of abuse may be higher if the POA only activates when you’re already mentally incapable, since you may not be in a position to recognize or report inappropriate actions.Ěý
It’s important to name someone you trust, who is a good fit for the role.
It’s best practice to discuss your wishes with your chosen attorney before you appoint them in your POA. This allows you to get a better understanding of how comfortable they are with the role, following your wishes, and acting on your behalf.Ěý
Read more here if you’ve been named in someone’s POA →
Flexible and customizable
Depending on your province, springing POAs allow you to choose what counts as a triggering event—whether it’s incapacity, travel, or a specific date or milestone.
This allows for a customizable estate planning experience based on your lifestyle, preferences, and what gives you the most peace of mind.
Note: 91AV’s springing POA triggers only upon incapacity; it isn’t designed to activate for other events, like international travel.
Family reassurance
While a springing POA may offer some peace of mind since it only becomes active when there’s clear need and documented proof, it can also create challenges. For example, if a loved one still has mental capacity but needs help managing day-to-day affairs, their attorney may not be legally allowed to step in. This is one reason many legal professionals recommend POAs that take effect immediately upon signing.
Disadvantages and challenges
Despite its benefits, a springing power of attorney has some challenges:
Verification delays
The main drawback of springing POAs is the potential delay.Ěý
If you unexpectedly become incapacitated, your attorney can’t act right away—they must first prove that the trigger (incapacity) occurred.
91AV requires two separate medical professionals to confirm incapacity. In some provinces, this matches legal requirements; in others, it’s considered a best practice. By requiring two opinions instead of one, it helps protect you from errors or premature activation of your power of attorney, ensuring it only “springs” into effect when you truly need it.
In the event of medical emergencies, where every second counts, the time it takes to get a certified capacity assessment may be detrimental.Ěý
For non-medical emergencies, verification delays can also cause issues if your attorney needs to act on your behalf for:
- Paying bills or taxes
- Selling property
- Accessing bank accounts
- Using your assets to support you
Potential disputes
Whether you’ve fallen into a coma, developed a memory-altering disease like dementia, or had something else occur, losing capacity can be hard for both you and your loved ones.Ěý
And it can be hard for your loved ones to accept.
If family members challenge the validity of an incapacity assessment or try to override your POA, it may slow down the process of getting your attorney’s authority validated so they can help you.
How to set up a springing power of attorney in Canada
Setting up a springing POA in Canada involves several steps, but it’s easier than you might think.
1. Choose someone you trust to act on your behalf
Your appointed attorney should be someone reliable and capable of handling financial affairs.
People often choose trusted loved ones who know them and their personal wishes, such as partners, family members, or close friends.
2. Specify activation conditions
Clearly define what triggers your POA, whether it’s medical incapacity, travel, or something else.Ěý
Keep in mind that different triggers require that your attorney provide different evidence of the springing event in order to act.
3. Ensure compliance with provincial laws
Make sure you’re creating a legally valid POA by using a lawyer or an online estate planning platform like 91AV.Ěý
91AV gives you all the tools you need to create your POAs easily and affordably in most provinces, including Ontario, British Columbia, Alberta, Manitoba, Saskatchewan, and Nova Scotia. Pricing starts at just $189 for a complete estate plan, which includes a legal will, POA documents, an asset list, and more.
Our legal documents are drafted by estate lawyers, and include instructions on how to properly execute your POAs to make them legal based on your provincial requirements.Ěý
Give yourself peace of mind today
Setting up power of attorney documents is an essential part of estate planning–and having lasting peace of mind.
Even if your springing event never comes to pass, having a POA in place ensures that if anything happens, you know you have someone you trust ready to act on your wishes.
For planning further about who helps manage and potentially probate your estate after you pass away, check out our article on estate administration and executors.
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