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Springing Power of Attorney
Springing Power of Attorney
State of
County of ____________
Date:
NOTICE — SPRINGING POWER OF ATTORNEY:
THIS IS A SPRINGING POWER OF ATTORNEY. THE POWERS GRANTED HEREIN DO NOT TAKE EFFECT UNTIL THE OCCURRENCE OF THE TRIGGERING EVENT DESCRIBED IN TRIGGERING EVENT SECTION BELOW. UNTIL THAT EVENT OCCURS AND HAS BEEN VERIFIED IN ACCORDANCE WITH THE TERMS OF THIS DOCUMENT, THE AGENT NAMED HEREIN HAS NO AUTHORITY TO ACT ON BEHALF OF THE PRINCIPAL. ANY THIRD PARTY DEALING WITH THE NAMED AGENT BEFORE THE TRIGGER HAS OCCURRED AND BEEN VERIFIED MAY HAVE NO PROTECTION FROM LIABILITY UNDER THIS DOCUMENT.
THIS IS A SPRINGING POWER OF ATTORNEY. THE POWERS GRANTED HEREIN DO NOT TAKE EFFECT UNTIL THE OCCURRENCE OF THE TRIGGERING EVENT DESCRIBED IN TRIGGERING EVENT SECTION BELOW. UNTIL THAT EVENT OCCURS AND HAS BEEN VERIFIED IN ACCORDANCE WITH THE TERMS OF THIS DOCUMENT, THE AGENT NAMED HEREIN HAS NO AUTHORITY TO ACT ON BEHALF OF THE PRINCIPAL. ANY THIRD PARTY DEALING WITH THE NAMED AGENT BEFORE THE TRIGGER HAS OCCURRED AND BEEN VERIFIED MAY HAVE NO PROTECTION FROM LIABILITY UNDER THIS DOCUMENT.
KNOW ALL PERSONS BY THESE PRESENTS:
I, ________________, of ________________, ________________, __ _____ born on ________________, being of sound mind and under no duress, do hereby execute this Springing Power of Attorney to appoint the following person as my Agent, with the authority granted hereunder to take effect ONLY upon the occurrence and verification of the triggering event described in Triggering Event Section:
I, ________________, of ________________, ________________, __ _____ born on ________________, being of sound mind and under no duress, do hereby execute this Springing Power of Attorney to appoint the following person as my Agent, with the authority granted hereunder to take effect ONLY upon the occurrence and verification of the triggering event described in Triggering Event Section:
APPOINTMENT OF AGENT:
I hereby appoint ________________, of ________________, ________________, __ _____ (Relationship: ________________), as my Agent under this Springing Power of Attorney.
The Agent named above shall have NO authority to act on my behalf until the triggering event described in Triggering Event Section has occurred and has been verified in accordance with the verification requirements of this document.
I hereby appoint ________________, of ________________, ________________, __ _____ (Relationship: ________________), as my Agent under this Springing Power of Attorney.
The Agent named above shall have NO authority to act on my behalf until the triggering event described in Triggering Event Section has occurred and has been verified in accordance with the verification requirements of this document.
POWERS GRANTED:
Upon the occurrence and verification of the triggering event described in Triggering Event Section, I grant my Agent the following powers to act on my behalf (per UPOAA Article 2, where adopted, and analogous state statutes):
Upon the occurrence and verification of the triggering event described in Triggering Event Section, I grant my Agent the following powers to act on my behalf (per UPOAA Article 2, where adopted, and analogous state statutes):
TRIGGERING EVENT AND VERIFICATION REQUIREMENT:
This Springing Power of Attorney shall become effective ONLY upon the following triggering event:
VERIFICATION REQUIREMENT (UPOAA § 119)
Before exercising any authority under this document, the Agent must obtain and retain written proof that the triggering event has occurred (physician certification, hospital admission record, court order, or other documentation as the trigger requires). The Agent may be required under UPOAA § 119 to certify under penalty of perjury that the triggering event has occurred and that this Power of Attorney is in effect and has not been revoked.
AGENT'S PRE-TRIGGER LIABILITY:
The Agent named in this document is on notice that any action taken on behalf of the Principal BEFORE the triggering event has occurred and been verified is unauthorized. Such unauthorized action exposes the Agent to personal liability to the Principal and to any third party who relies on it. The Agent must obtain and retain written verification of the triggering event before exercising any authority hereunder.
This Springing Power of Attorney shall become effective ONLY upon the following triggering event:
VERIFICATION REQUIREMENT (UPOAA § 119)
Before exercising any authority under this document, the Agent must obtain and retain written proof that the triggering event has occurred (physician certification, hospital admission record, court order, or other documentation as the trigger requires). The Agent may be required under UPOAA § 119 to certify under penalty of perjury that the triggering event has occurred and that this Power of Attorney is in effect and has not been revoked.
AGENT'S PRE-TRIGGER LIABILITY:
The Agent named in this document is on notice that any action taken on behalf of the Principal BEFORE the triggering event has occurred and been verified is unauthorized. Such unauthorized action exposes the Agent to personal liability to the Principal and to any third party who relies on it. The Agent must obtain and retain written verification of the triggering event before exercising any authority hereunder.
EFFECTIVE DATE AND DURATION:
This Power of Attorney shall become effective ONLY upon the occurrence and verification of the triggering event described in Triggering Event Section.
This Power of Attorney shall become effective ONLY upon the occurrence and verification of the triggering event described in Triggering Event Section.
REVOCATION:
While I retain capacity, I may revoke this Power of Attorney at any time by providing written notice to my Agent. After the triggering event has occurred and I have lost capacity, revocation shall require court action pursuant to UPOAA § 116 or analogous state statute.
This Power of Attorney terminates automatically upon (a) my death, (b) my written revocation while competent, (c) the death, incapacity, or resignation of all named Agents and Successor Agents, (d) the entry of divorce or annulment if my spouse is named Agent (unless this document expressly states otherwise), (e) court order under UPOAA § 116, or (f) the expiration date specified in Effective Date & Duration Section.
While I retain capacity, I may revoke this Power of Attorney at any time by providing written notice to my Agent. After the triggering event has occurred and I have lost capacity, revocation shall require court action pursuant to UPOAA § 116 or analogous state statute.
This Power of Attorney terminates automatically upon (a) my death, (b) my written revocation while competent, (c) the death, incapacity, or resignation of all named Agents and Successor Agents, (d) the entry of divorce or annulment if my spouse is named Agent (unless this document expressly states otherwise), (e) court order under UPOAA § 116, or (f) the expiration date specified in Effective Date & Duration Section.
THIRD-PARTY RELIANCE AND AGENT CERTIFICATION:
Pursuant to the laws of the state of execution and (where applicable) UPOAA §§ 119–120, any third party that receives a copy of this Springing Power of Attorney together with (a) the Agent's certification under penalty of perjury that the triggering event has occurred and that this Power of Attorney is in effect and has not been revoked, and (b) such verification documentation as the trigger requires (physician certification of incapacity, hospital admission record, court order, or other proof), may rely on such certification and documentation. Third parties acting in good faith reliance on this Power of Attorney shall not be liable for any actions taken in accordance with the Agent's properly authorized instructions.
A third party that refuses to accept this Power of Attorney after receiving the Agent's certification and verification documentation may be liable to the Principal for damages, including reasonable attorneys' fees, under UPOAA § 120 and analogous state statutes.
Pursuant to the laws of the state of execution and (where applicable) UPOAA §§ 119–120, any third party that receives a copy of this Springing Power of Attorney together with (a) the Agent's certification under penalty of perjury that the triggering event has occurred and that this Power of Attorney is in effect and has not been revoked, and (b) such verification documentation as the trigger requires (physician certification of incapacity, hospital admission record, court order, or other proof), may rely on such certification and documentation. Third parties acting in good faith reliance on this Power of Attorney shall not be liable for any actions taken in accordance with the Agent's properly authorized instructions.
A third party that refuses to accept this Power of Attorney after receiving the Agent's certification and verification documentation may be liable to the Principal for damages, including reasonable attorneys' fees, under UPOAA § 120 and analogous state statutes.
GOVERNING LAW:
This Springing Power of Attorney shall be governed by and construed in accordance with the laws of the State of ________________, including but not limited to:
This Springing Power of Attorney shall be governed by and construed in accordance with the laws of the State of ________________, including but not limited to:
PRINCIPAL SIGNATURE:
_________________________________ Date: ____________
________________, Principal
_________________________________ Date: ____________
________________, Principal
WITNESSES:
We, the undersigned witnesses, declare that the Principal signed this Springing Power of Attorney in our presence, that the Principal appeared to be of sound mind and free from duress, and that we are at least 18 years of age and not the named Agent or Successor Agent.
Witness 1:
_________________________________ Date: ____________
Witness Name (Print): ________________________
Witness Address: _____________________________
We, the undersigned witnesses, declare that the Principal signed this Springing Power of Attorney in our presence, that the Principal appeared to be of sound mind and free from duress, and that we are at least 18 years of age and not the named Agent or Successor Agent.
Witness 1:
_________________________________ Date: ____________
Witness Name (Print): ________________________
Witness Address: _____________________________
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Springing Power of Attorney