When it comes to powers of attorney (POAs), many people want to retain control for as long as possible. That’s where “springing” POAs come in. These only take effect when you’re incapacitated. Sounds smart, right? Hold that thought.

A recent court case, Doolin v. Owen, shines a spotlight on why springing POAs often fall short, especially when urgent decisions are needed. It is a classic example of a court battle gone wrong. After Linda Owen Miller’s death, her niece, Marcy Doolin, claimed rights as the beneficiary of a trust created under Linda’s 2015 “springing” power of attorney – a type of POA that would become effective once a doctor confirmed disability in writing. The problem? No written confirmation from Linda’s physician was ever produced. Without that trigger, the court ruled the power of attorney never took effect, which meant the trust was void from the start. After years of fighting, Doolin lost her claim. 

Unlike a durable POA, which gives authority to someone you trust immediately and continues if you become incapacitated, a springing POA stays dormant until a specific event (usually medical incapacity) occurs. That condition must be certified, typically by a doctor.

So why not just say, “Hold on, let me stay in control until I’m not able to act for myself”? Because, as the case suggests, reality doesn’t always wait for paperwork to catch up.

There are certain risks you take with delaying implementation of your power of attorney. First, there are what we call “verification” delays. Medical professionals are understandably cautious about declaring someone incapacitated. Getting the necessary documentation can take days, which is time you may not have if bills need paying or decisions need making. 

There’s also increased hesitation from financial and medical institutions. Banks, medical providers, and other institutions aren’t eager to face risk. They may reject a springing POA unless it’s crystal clear and everything is properly documented (which often is not the case). Further, there may be disputes over timing or other definitions. For example, what qualifies as “incapacitated”? Some documents require one doctor’s note, others two. Ambiguity opens the door to arguments between family members, stalling decisions right when they’re most needed.

The takeaway from the court case is simple: springing powers of attorney can create costly uncertainty and litigation. If the required doctor’s note or exact language is missing, families may find themselves in courtrooms instead of simply carrying out their loved one’s wishes.

So what’s the solution? With a durable POA, your designated agent can act immediately – paying bills, accessing information, handling legal and medical needs – without waiting for a “go” signal from the hospital. Your agent steps into your shoes the moment you can’t act, which is what these documents are for.

If your concern is an agent abusing this power, build accountability into the POA:

• Require regular reports to a trusted family member
• Appoint co-agents to ensure checks and balances
• Set limits on gifting or asset transfers
• Better yet… don’t name someone who you don’t fully trust with this authority

Maybe if you’re fiercely independent and you really trust no one until you’re definitely incapacitated, would a springing power of attorney be the preferred option. Even then, the trade-offs are high. For most people, the trusty, durable POA wins, because when time matters, you can’t afford ambiguity.

The lesson here? Good legal planning keeps you protected. A springing POA may sound appealing in theory, but when you’re vulnerable, every hour counts.