North America
Attorney under a continuing power of attorney for property with postponed effect
A CPOA may take effect on a specified date or when a specified contingency happens, including the grantor's incapacity. It may set its own test for incapacity. If it springs on incapacity without a method, it takes effect when the attorney is notified in the prescribed form of a capacity assessor's finding, or of a Mental Health Act certificate of incapacity.
- Assigned
- Grantor executes a CPOA with a postponed-effect clause Capable
- Starts
- Specified date or contingency happens. For incapacity with no stated method, when the attorney is notified of an assessor's finding (prescribed form) or of a Mental Health Act certificate of incapacity. Incapacitated
- Ends
- Same termination events as any CPOA, including the grantor's death Deceased
Something missing or wrong for Canada — Ontario?
Substitute Decisions Act, 1992, SO 1992, c 30, s 7(7); Substitute Decisions Act, 1992, SO 1992, c 30, s 10; Substitute Decisions Act, 1992, SO 1992, c 30, s 9(1)-(3); Substitute Decisions Act, 1992, SO 1992, c 30, s 12(1)
Agent under springing (contingent) financial power of attorney
A power of attorney that the principal writes to take effect at a future date or on a future event, most often the principal's incapacity. The POA can name who decides that the event has happened. If it names no one, a physician (or licensed psychologist) can certify impairment, or a lawyer, judge or government official can certify that the principal is missing or detained.
- Assigned
- Principal signs POA stating it becomes effective on a future date/event (e.g., incapacity) Capable
- Starts
- Written determination that the event/incapacity occurred, by the person the POA authorizes or, by default, a physician [or licensed psychologist] (impairment) or an attorney, judge, or appropriate governmental official (missing/detained/unable to return) Incapacitated
- Ends
- Death of principal (good-faith acts without actual knowledge still bind) Deceased
- Revocation, POA terms, purpose accomplished, agent exit, spouse-agent dissolution filing Incapacitated
- Court limits/suspends/terminates after conservator appointment Incapacitated
Something missing or wrong for US — uniform/model law + federal?
UPOAA §105 (2006); UPOAA §109(a)-(b) (2006); UPOAA §109(c)-(d) (2006); UPOAA §110(a) (2006); UPOAA §110(d) (2006); UPOAA §110(b) (2006); UPOAA §108 (2006)
US — Arizona differs from the US model
Agent under springing (contingent) financial power of attorney
A power of attorney that the principal writes to take effect at a future date or on a future event, most often the principal's incapacity. The POA can name who decides that the event has happened. If it names no one, a physician (or licensed psychologist) can certify impairment, or a lawyer, judge or government official can certify that the principal is missing or detained.
- Assigned
- Principal signs POA stating it becomes effective on a future date/event (e.g., incapacity) Capable
- Starts
- On the disability or incapacity of the principal, as the instrument's own words provide — Arizona prescribes no determination procedure and names no default certifier Incapacitated
- Ends
- Death of principal (good-faith acts without actual knowledge still bind) Deceased
- Revocation, POA terms, purpose accomplished, agent exit, spouse-agent dissolution filing Incapacitated
- Court limits/suspends/terminates after conservator appointment Incapacitated
Something missing or wrong for US — Arizona?
UPOAA §105 (2006); UPOAA §109(a)-(b) (2006); A.R.S. § 14-5501; A.R.S. § 14-5505; UPOAA §110(a) (2006); UPOAA §110(d) (2006); UPOAA §110(b) (2006); UPOAA §108 (2006)
Agent under springing (contingent) financial power of attorney
A power of attorney that the principal writes to take effect at a future date or on a future event, most often the principal's incapacity. The POA can name who decides that the event has happened. If it names no one, a physician (or licensed psychologist) can certify impairment, or a lawyer, judge or government official can certify that the principal is missing or detained.
- Assigned
- Principal signs POA stating it becomes effective on a future date/event (e.g., incapacity) Capable
- Starts
- Specified future time, event or contingency (e.g., incapacity) occurs; if the POA designates a person to make the determination, when that person signs a written declaration under penalty of perjury Incapacitated
- Ends
- Death of principal (good-faith acts without actual knowledge still bind) Deceased
- Revocation, POA terms, purpose accomplished, agent exit, spouse-agent dissolution filing Incapacitated
- Court limits/suspends/terminates after conservator appointment Incapacitated
Something missing or wrong for US — California?
UPOAA §105 (2006); UPOAA §109(a)-(b) (2006); Cal. Prob. Code §4030; Cal. Prob. Code §4129; Cal. Prob. Code §4405; UPOAA §110(a) (2006); UPOAA §110(d) (2006); UPOAA §110(b) (2006); UPOAA §108 (2006)
Agent under springing (contingent) financial power of attorney
A power of attorney that the principal writes to take effect at a future date or on a future event, most often the principal's incapacity. The POA can name who decides that the event has happened. If it names no one, a physician (or licensed psychologist) can certify impairment, or a lawyer, judge or government official can certify that the principal is missing or detained.
- Assigned
- Principal signs POA stating it becomes effective on a future date/event (e.g., incapacity) Capable
- Starts
- Written determination that the event/incapacity occurred, by the person the POA authorizes or, by default, a physician [or licensed psychologist] (impairment) or an attorney, judge, or appropriate governmental official (missing/detained/unable to return) Incapacitated
- Ends
- Death of principal (good-faith acts without actual knowledge still bind) Deceased
- Revocation, POA terms, purpose accomplished, agent exit, spouse-agent dissolution filing Incapacitated
- Court limits/suspends/terminates after conservator appointment Incapacitated
Something missing or wrong for US — Colorado?
UPOAA §105 (2006); UPOAA §109(a)-(b) (2006); UPOAA §109(c)-(d) (2006); UPOAA §110(a) (2006); UPOAA §110(d) (2006); UPOAA §110(b) (2006); UPOAA §108 (2006)
Agent under springing (contingent) financial power of attorney
A power of attorney that the principal writes to take effect at a future date or on a future event, most often the principal's incapacity. The POA can name who decides that the event has happened. If it names no one, a physician (or licensed psychologist) can certify impairment, or a lawyer, judge or government official can certify that the principal is missing or detained.
- Assigned
- Principal signs POA stating it becomes effective on a future date/event (e.g., incapacity) Capable
- Starts
- Written determination that the event/incapacity occurred, by the person the POA authorizes or, by default, a physician [or licensed psychologist] (impairment) or an attorney, judge, or appropriate governmental official (missing/detained/unable to return) Incapacitated
- Ends
- Death of principal (good-faith acts without actual knowledge still bind) Deceased
- Revocation, POA terms, purpose accomplished, agent exit, spouse-agent dissolution filing Incapacitated
- Court limits/suspends/terminates after conservator appointment Incapacitated
Something missing or wrong for US — Delaware?
UPOAA §105 (2006); UPOAA §109(a)-(b) (2006); UPOAA §109(c)-(d) (2006); UPOAA §110(a) (2006); UPOAA §110(d) (2006); UPOAA §110(b) (2006); UPOAA §108 (2006)
US — Florida differs from the US model
Agent under springing (contingent) financial power of attorney
A power of attorney that the principal writes to take effect at a future date or on a future event, most often the principal's incapacity. The POA can name who decides that the event has happened. If it names no one, a physician (or licensed psychologist) can certify impairment, or a lawyer, judge or government official can certify that the principal is missing or detained.
- Assigned
- Only powers executed before October 1, 2011 may be conditioned on incapacity; a power executed on or after that date that is to become effective at a future date or event is ineffective (exception: military deployment-contingent power) Capable
- Starts
- Pre-10/1/2011 power: delivery of an affidavit of the principal's primary physician stating the principal lacks capacity to manage property Incapacitated
- Ends
- Death of principal (good-faith acts without actual knowledge still bind) Deceased
- Revocation, POA terms, purpose accomplished, agent exit, spouse-agent dissolution filing Incapacitated
- Court limits/suspends/terminates after conservator appointment Incapacitated
Something missing or wrong for US — Florida?
Fla. Stat. §709.2108 (2026); Fla. Stat. §709.2106 (2026); Fla. Stat. §709.2108(2) (2026); UPOAA §110(a) (2006); UPOAA §110(d) (2006); UPOAA §110(b) (2006); UPOAA §108 (2006)
Agent under springing (contingent) financial power of attorney
A power of attorney that the principal writes to take effect at a future date or on a future event, most often the principal's incapacity. The POA can name who decides that the event has happened. If it names no one, a physician (or licensed psychologist) can certify impairment, or a lawyer, judge or government official can certify that the principal is missing or detained.
- Assigned
- Principal signs POA stating it becomes effective on a future date/event (e.g., incapacity) Capable
- Starts
- Written determination that the event/incapacity occurred, by the person the POA authorizes or, by default, a physician [or licensed psychologist] (impairment) or an attorney, judge, or appropriate governmental official (missing/detained/unable to return) Incapacitated
- Ends
- Death of principal (good-faith acts without actual knowledge still bind) Deceased
- Revocation, POA terms, purpose accomplished, agent exit, spouse-agent dissolution filing Incapacitated
- Court limits/suspends/terminates after conservator appointment Incapacitated
Something missing or wrong for US — Idaho?
UPOAA §105 (2006); UPOAA §109(a)-(b) (2006); UPOAA §109(c)-(d) (2006); UPOAA §110(a) (2006); UPOAA §110(d) (2006); UPOAA §110(b) (2006); UPOAA §108 (2006)
Agent under springing (contingent) financial power of attorney
A power of attorney that the principal writes to take effect at a future date or on a future event, most often the principal's incapacity. The POA can name who decides that the event has happened. If it names no one, a physician (or licensed psychologist) can certify impairment, or a lawyer, judge or government official can certify that the principal is missing or detained.
- Assigned
- Principal specifies a future beginning date or event (statutory short form paragraph 6) Capable
- Starts
- Specified event occurs, e.g., court determination of disability or a physician's written incapacity determination delivered to agent Incapacitated
- Ends
- Death of principal (good-faith acts without actual knowledge still bind) Deceased
- Revocation, POA terms, purpose accomplished, agent exit, spouse-agent dissolution filing Incapacitated
- Court limits/suspends/terminates after conservator appointment Incapacitated
Something missing or wrong for US — Illinois?
755 ILCS 45/2-4; 755 ILCS 45/3-3; 755 ILCS 45/2-3; UPOAA §110(a) (2006); UPOAA §110(d) (2006); UPOAA §110(b) (2006); UPOAA §108 (2006)
US — Indiana differs from the US model
Agent under springing (contingent) financial power of attorney
A power of attorney that the principal writes to take effect at a future date or on a future event, most often the principal's incapacity. The POA can name who decides that the event has happened. If it names no one, a physician (or licensed psychologist) can certify impairment, or a lawyer, judge or government official can certify that the principal is missing or detained.
- Assigned
- Principal signs a power stating a future date or event for effectiveness (§30-5-4-2(b)) Capable
- Starts
- On the stated date or event; for incapacity with no named determiner, on a writing or other record by a physician, licensed psychologist or judge Incapacitated
- Ends
- Death of principal (good-faith acts without actual knowledge still bind) Deceased
- Revocation, POA terms, purpose accomplished, agent exit, spouse-agent dissolution filing Incapacitated
- Court limits/suspends/terminates after conservator appointment Incapacitated
Something missing or wrong for US — Indiana?
Ind. Code § 30-5-4-2; Ind. Code § 30-5-4-2; UPOAA §110(a) (2006); UPOAA §110(d) (2006); UPOAA §110(b) (2006); UPOAA §108 (2006)
US — Iowa differs from the US model
Agent under springing (contingent) financial power of attorney
A power of attorney that the principal writes to take effect at a future date or on a future event, most often the principal's incapacity. The POA can name who decides that the event has happened. If it names no one, a physician (or licensed psychologist) can certify impairment, or a lawyer, judge or government official can certify that the principal is missing or detained.
- Assigned
- Principal signs POA stating it becomes effective on a future date/event (e.g., incapacity) Capable
- Starts
- Written determination that the event/incapacity occurred, by the person the POA authorizes or, by default, a physician [or licensed psychologist] (impairment) or an attorney, judge, or appropriate governmental official (missing/detained/unable to return) Incapacitated
- Ends
- Death of principal (good-faith acts without actual knowledge still bind) Deceased
- Revocation, POA terms, purpose accomplished, agent exit, spouse-agent dissolution filing Incapacitated
- Court limits/suspends/terminates after conservator appointment Incapacitated
Something missing or wrong for US — Iowa?
UPOAA §105 (2006); UPOAA §109(a)-(b) (2006); UPOAA §109(c)-(d) (2006); UPOAA §110(a) (2006); UPOAA §110(d) (2006); UPOAA §110(b) (2006); UPOAA §108 (2006)
US — Kansas differs from the US model
Agent under springing (contingent) financial power of attorney
A power of attorney that the principal writes to take effect at a future date or on a future event, most often the principal's incapacity. The POA can name who decides that the event has happened. If it names no one, a physician (or licensed psychologist) can certify impairment, or a lawyer, judge or government official can certify that the principal is missing or detained.
- Assigned
- Principal signs POA stating it becomes effective on a future date/event (e.g., incapacity) Capable
- Starts
- Written determination that the event/incapacity occurred, by the person the POA authorizes or, by default, a physician [or licensed psychologist] (impairment) or an attorney, judge, or appropriate governmental official (missing/detained/unable to return) Incapacitated
- Ends
- Death of principal (good-faith acts without actual knowledge still bind) Deceased
- Revocation, POA terms, purpose accomplished, agent exit, spouse-agent dissolution filing Incapacitated
- Court limits/suspends/terminates after conservator appointment Incapacitated
Something missing or wrong for US — Kansas?
UPOAA §105 (2006); UPOAA §109(a)-(b) (2006); UPOAA §109(c)-(d) (2006); UPOAA §110(a) (2006); UPOAA §110(d) (2006); UPOAA §110(b) (2006); UPOAA §108 (2006)
Agent under springing (contingent) financial power of attorney
A power of attorney that the principal writes to take effect at a future date or on a future event, most often the principal's incapacity. The POA can name who decides that the event has happened. If it names no one, a physician (or licensed psychologist) can certify impairment, or a lawyer, judge or government official can certify that the principal is missing or detained.
- Assigned
- Principal signs POA stating it becomes effective on a future date/event (e.g., incapacity) Capable
- Starts
- Written determination that the event/incapacity occurred, by the person the POA authorizes or, by default, a physician [or licensed psychologist] (impairment) or an attorney, judge, or appropriate governmental official (missing/detained/unable to return) Incapacitated
- Ends
- Death of principal (good-faith acts without actual knowledge still bind) Deceased
- Revocation, POA terms, purpose accomplished, agent exit, spouse-agent dissolution filing Incapacitated
- Court limits/suspends/terminates after conservator appointment Incapacitated
Something missing or wrong for US — Kentucky?
UPOAA §105 (2006); UPOAA §109(a)-(b) (2006); UPOAA §109(c)-(d) (2006); UPOAA §110(a) (2006); UPOAA §110(d) (2006); UPOAA §110(b) (2006); UPOAA §108 (2006)
US — Louisiana differs from the US model unverified
Agent under springing (contingent) financial power of attorney
A power of attorney that the principal writes to take effect at a future date or on a future event, most often the principal's incapacity. The POA can name who decides that the event has happened. If it names no one, a physician (or licensed psychologist) can certify impairment, or a lawyer, judge or government official can certify that the principal is missing or detained.
- Assigned
- Principal signs POA stating it becomes effective on a future date/event (e.g., incapacity) Capable
- Starts
- Written determination that the event/incapacity occurred, by the person the POA authorizes or, by default, a physician [or licensed psychologist] (impairment) or an attorney, judge, or appropriate governmental official (missing/detained/unable to return) Incapacitated
- Ends
- Death of principal (good-faith acts without actual knowledge still bind) Deceased
- Revocation, POA terms, purpose accomplished, agent exit, spouse-agent dissolution filing Incapacitated
- Court limits/suspends/terminates after conservator appointment Incapacitated
Something missing or wrong for US — Louisiana?
UPOAA §105 (2006); UPOAA §109(a)-(b) (2006); UPOAA §109(c)-(d) (2006); UPOAA §110(a) (2006); UPOAA §110(d) (2006); UPOAA §110(b) (2006); UPOAA §108 (2006)
Agent under springing (contingent) financial power of attorney
A power of attorney that the principal writes to take effect at a future date or on a future event, most often the principal's incapacity. The POA can name who decides that the event has happened. If it names no one, a physician (or licensed psychologist) can certify impairment, or a lawyer, judge or government official can certify that the principal is missing or detained.
- Assigned
- Principal signs POA stating it becomes effective on a future date/event (e.g., incapacity) Capable
- Starts
- Written determination that the event/incapacity occurred, by the person the POA authorizes or, by default, a physician [or licensed psychologist] (impairment) or an attorney, judge, or appropriate governmental official (missing/detained/unable to return) Incapacitated
- Ends
- Death of principal (good-faith acts without actual knowledge still bind) Deceased
- Revocation, POA terms, purpose accomplished, agent exit, spouse-agent dissolution filing Incapacitated
- Court limits/suspends/terminates after conservator appointment Incapacitated
Something missing or wrong for US — Maine?
UPOAA §105 (2006); UPOAA §109(a)-(b) (2006); UPOAA §109(c)-(d) (2006); UPOAA §110(a) (2006); UPOAA §110(d) (2006); UPOAA §110(b) (2006); UPOAA §108 (2006)
Agent under springing (contingent) financial power of attorney
A power of attorney that the principal writes to take effect at a future date or on a future event, most often the principal's incapacity. The POA can name who decides that the event has happened. If it names no one, a physician (or licensed psychologist) can certify impairment, or a lawyer, judge or government official can certify that the principal is missing or detained.
- Assigned
- Principal signs POA stating it becomes effective on a future date/event (e.g., incapacity) Capable
- Starts
- Written determination that the event/incapacity occurred, by the person the POA authorizes or, by default, a physician [or licensed psychologist] (impairment) or an attorney, judge, or appropriate governmental official (missing/detained/unable to return) Incapacitated
- Ends
- Death of principal (good-faith acts without actual knowledge still bind) Deceased
- Revocation, POA terms, purpose accomplished, agent exit, spouse-agent dissolution filing Incapacitated
- Court limits/suspends/terminates after conservator appointment Incapacitated
Something missing or wrong for US — Maryland?
UPOAA §105 (2006); UPOAA §109(a)-(b) (2006); UPOAA §109(c)-(d) (2006); UPOAA §110(a) (2006); UPOAA §110(d) (2006); UPOAA §110(b) (2006); UPOAA §108 (2006)
Agent under springing (contingent) financial power of attorney
A power of attorney that the principal writes to take effect at a future date or on a future event, most often the principal's incapacity. The POA can name who decides that the event has happened. If it names no one, a physician (or licensed psychologist) can certify impairment, or a lawyer, judge or government official can certify that the principal is missing or detained.
- Assigned
- Principal signs POA stating it becomes effective on a future date/event (e.g., incapacity) Capable
- Starts
- The disability or incapacity named in the instrument occurs; no certifier is designated by statute Incapacitated
- Ends
- Death of principal (good-faith acts without actual knowledge still bind) Deceased
- Revocation, POA terms, purpose accomplished, agent exit, spouse-agent dissolution filing Incapacitated
- Court limits/suspends/terminates after conservator appointment Incapacitated
Something missing or wrong for US — Massachusetts?
UPOAA §105 (2006); UPOAA §109(a)-(b) (2006); Mass. Gen. Laws ch. 190B, §5-501; UPOAA §110(a) (2006); UPOAA §110(d) (2006); UPOAA §110(b) (2006); UPOAA §108 (2006)
Agent under springing (contingent) financial power of attorney
A power of attorney that the principal writes to take effect at a future date or on a future event, most often the principal's incapacity. The POA can name who decides that the event has happened. If it names no one, a physician (or licensed psychologist) can certify impairment, or a lawyer, judge or government official can certify that the principal is missing or detained.
- Assigned
- Principal signs POA stating it becomes effective on a future date/event (e.g., incapacity) Capable
- Starts
- Written determination that the event/incapacity occurred, by the person the POA authorizes or, by default, a physician [or licensed psychologist] (impairment) or an attorney, judge, or appropriate governmental official (missing/detained/unable to return) Incapacitated
- Ends
- Death of principal (good-faith acts without actual knowledge still bind) Deceased
- Revocation, POA terms, purpose accomplished, agent exit, spouse-agent dissolution filing Incapacitated
- Court limits/suspends/terminates after conservator appointment Incapacitated
Something missing or wrong for US — Michigan?
UPOAA §105 (2006); UPOAA §109(a)-(b) (2006); UPOAA §109(c)-(d) (2006); UPOAA §110(a) (2006); UPOAA §110(d) (2006); UPOAA §110(b) (2006); UPOAA §108 (2006)
Agent under springing (contingent) financial power of attorney
A power of attorney that the principal writes to take effect at a future date or on a future event, most often the principal's incapacity. The POA can name who decides that the event has happened. If it names no one, a physician (or licensed psychologist) can certify impairment, or a lawyer, judge or government official can certify that the principal is missing or detained.
- Assigned
- Principal signs POA stating it becomes effective on a future date/event (e.g., incapacity) Capable
- Starts
- On the incapacity or incompetence of the principal as the instrument provides; no certifier is named, and §523.16's affidavit of conditions precedent is proof of the trigger rather than a procedure for determining it Incapacitated
- Ends
- Death of principal (good-faith acts without actual knowledge still bind) Deceased
- Revocation, POA terms, purpose accomplished, agent exit, spouse-agent dissolution filing Incapacitated
- Court limits/suspends/terminates after conservator appointment Incapacitated
Something missing or wrong for US — Minnesota?
UPOAA §105 (2006); UPOAA §109(a)-(b) (2006); Minn. Stat. § 523.07; Minn. Stat. § 523.16; UPOAA §110(a) (2006); UPOAA §110(d) (2006); UPOAA §110(b) (2006); UPOAA §108 (2006)
Agent under springing (contingent) financial power of attorney
A power of attorney that the principal writes to take effect at a future date or on a future event, most often the principal's incapacity. The POA can name who decides that the event has happened. If it names no one, a physician (or licensed psychologist) can certify impairment, or a lawyer, judge or government official can certify that the principal is missing or detained.
- Assigned
- Principal signs POA stating it becomes effective on a future date/event (e.g., incapacity) Capable
- Starts
- Written determination that the event/incapacity occurred, by the person the POA authorizes or, by default, a physician [or licensed psychologist] (impairment) or an attorney, judge, or appropriate governmental official (missing/detained/unable to return) Incapacitated
- Ends
- Death of principal (good-faith acts without actual knowledge still bind) Deceased
- Revocation, POA terms, purpose accomplished, agent exit, spouse-agent dissolution filing Incapacitated
- Court limits/suspends/terminates after conservator appointment Incapacitated
Something missing or wrong for US — Missouri?
UPOAA §105 (2006); UPOAA §109(a)-(b) (2006); UPOAA §109(c)-(d) (2006); UPOAA §110(a) (2006); UPOAA §110(d) (2006); UPOAA §110(b) (2006); UPOAA §108 (2006)
Agent under springing (contingent) financial power of attorney
A power of attorney that the principal writes to take effect at a future date or on a future event, most often the principal's incapacity. The POA can name who decides that the event has happened. If it names no one, a physician (or licensed psychologist) can certify impairment, or a lawyer, judge or government official can certify that the principal is missing or detained.
- Assigned
- Principal signs POA stating it becomes effective on a future date/event (e.g., incapacity) Capable
- Starts
- Written determination that the event/incapacity occurred, by the person the POA authorizes or, by default, a physician [or licensed psychologist] (impairment) or an attorney, judge, or appropriate governmental official (missing/detained/unable to return) Incapacitated
- Ends
- Death of principal (good-faith acts without actual knowledge still bind) Deceased
- Revocation, POA terms, purpose accomplished, agent exit, spouse-agent dissolution filing Incapacitated
- Court limits/suspends/terminates after conservator appointment Incapacitated
Something missing or wrong for US — Nebraska?
UPOAA §105 (2006); UPOAA §109(a)-(b) (2006); UPOAA §109(c)-(d) (2006); UPOAA §110(a) (2006); UPOAA §110(d) (2006); UPOAA §110(b) (2006); UPOAA §108 (2006)
Agent under springing (contingent) financial power of attorney
A power of attorney that the principal writes to take effect at a future date or on a future event, most often the principal's incapacity. The POA can name who decides that the event has happened. If it names no one, a physician (or licensed psychologist) can certify impairment, or a lawyer, judge or government official can certify that the principal is missing or detained.
- Assigned
- Principal signs POA stating it becomes effective on a future date/event (e.g., incapacity) Capable
- Starts
- The disability or incapacity named in the instrument occurs; no certifier is designated by statute Incapacitated
- Ends
- Death of principal (good-faith acts without actual knowledge still bind) Deceased
- Revocation, POA terms, purpose accomplished, agent exit, spouse-agent dissolution filing Incapacitated
- Court limits/suspends/terminates after conservator appointment Incapacitated
Something missing or wrong for US — New Jersey?
UPOAA §105 (2006); UPOAA §109(a)-(b) (2006); N.J. Stat. §46:2B-8.2; UPOAA §110(a) (2006); UPOAA §110(d) (2006); UPOAA §110(b) (2006); UPOAA §108 (2006)
Agent under springing (contingent) financial power of attorney
A power of attorney that the principal writes to take effect at a future date or on a future event, most often the principal's incapacity. The POA can name who decides that the event has happened. If it names no one, a physician (or licensed psychologist) can certify impairment, or a lawyer, judge or government official can certify that the principal is missing or detained.
- Assigned
- Principal signs POA stating it becomes effective on a future date/event (e.g., incapacity) Capable
- Starts
- Date or contingency named in the document has occurred AND agent's signature has been acknowledged; if the document requires a named person's written declaration, that declaration suffices even if the contingency has not actually occurred Incapacitated
- Ends
- Death of principal (good-faith acts without actual knowledge still bind) Deceased
- Revocation, POA terms, purpose accomplished, agent exit, spouse-agent dissolution filing Incapacitated
- Court limits/suspends/terminates after conservator appointment Incapacitated
Something missing or wrong for US — New York?
UPOAA §105 (2006); UPOAA §109(a)-(b) (2006); N.Y. Gen. Oblig. Law §5-1501B; UPOAA §110(a) (2006); UPOAA §110(d) (2006); UPOAA §110(b) (2006); UPOAA §108 (2006)
Agent under springing (contingent) financial power of attorney
A power of attorney that the principal writes to take effect at a future date or on a future event, most often the principal's incapacity. The POA can name who decides that the event has happened. If it names no one, a physician (or licensed psychologist) can certify impairment, or a lawyer, judge or government official can certify that the principal is missing or detained.
- Assigned
- Principal signs POA stating it becomes effective on a future date/event (e.g., incapacity) Capable
- Starts
- Written determination that the event or incapacity occurred, by a person the POA authorises; failing that, by two individuals who are a physician, a licensed psychologist, or both, after a personal examination of the principal Incapacitated
- Ends
- Death of principal (good-faith acts without actual knowledge still bind) Deceased
- Revocation, POA terms, purpose accomplished, agent exit, spouse-agent dissolution filing Incapacitated
- Court limits/suspends/terminates after conservator appointment Incapacitated
Something missing or wrong for US — North Carolina?
UPOAA §105 (2006); UPOAA §109(a)-(b) (2006); N.C. Gen. Stat. §32C-1-109; UPOAA §110(a) (2006); UPOAA §110(d) (2006); UPOAA §110(b) (2006); UPOAA §108 (2006)
Agent under springing (contingent) financial power of attorney
A power of attorney that the principal writes to take effect at a future date or on a future event, most often the principal's incapacity. The POA can name who decides that the event has happened. If it names no one, a physician (or licensed psychologist) can certify impairment, or a lawyer, judge or government official can certify that the principal is missing or detained.
- Assigned
- Principal signs POA stating it becomes effective on a future date/event (e.g., incapacity) Capable
- Starts
- Written determination that the event/incapacity occurred, by the person the POA authorizes or, by default, a physician [or licensed psychologist] (impairment) or an attorney, judge, or appropriate governmental official (missing/detained/unable to return) Incapacitated
- Ends
- Death of principal (good-faith acts without actual knowledge still bind) Deceased
- Revocation, POA terms, purpose accomplished, agent exit, spouse-agent dissolution filing Incapacitated
- Court limits/suspends/terminates after conservator appointment Incapacitated
Something missing or wrong for US — Ohio?
UPOAA §105 (2006); UPOAA §109(a)-(b) (2006); UPOAA §109(c)-(d) (2006); UPOAA §110(a) (2006); UPOAA §110(d) (2006); UPOAA §110(b) (2006); UPOAA §108 (2006)
Agent under springing (contingent) financial power of attorney
A power of attorney that the principal writes to take effect at a future date or on a future event, most often the principal's incapacity. The POA can name who decides that the event has happened. If it names no one, a physician (or licensed psychologist) can certify impairment, or a lawyer, judge or government official can certify that the principal is missing or detained.
- Assigned
- Principal signs POA stating it becomes effective on a future date/event (e.g., incapacity) Capable
- Starts
- Written determination that the event/incapacity occurred, by the person the POA authorizes or, by default, a physician [or licensed psychologist] (impairment) or an attorney, judge, or appropriate governmental official (missing/detained/unable to return) Incapacitated
- Ends
- Death of principal (good-faith acts without actual knowledge still bind) Deceased
- Revocation, POA terms, purpose accomplished, agent exit, spouse-agent dissolution filing Incapacitated
- Court limits/suspends/terminates after conservator appointment Incapacitated
Something missing or wrong for US — Oklahoma?
UPOAA §105 (2006); UPOAA §109(a)-(b) (2006); UPOAA §109(c)-(d) (2006); UPOAA §110(a) (2006); UPOAA §110(d) (2006); UPOAA §110(b) (2006); UPOAA §108 (2006)
Agent under springing (contingent) financial power of attorney
A power of attorney that the principal writes to take effect at a future date or on a future event, most often the principal's incapacity. The POA can name who decides that the event has happened. If it names no one, a physician (or licensed psychologist) can certify impairment, or a lawyer, judge or government official can certify that the principal is missing or detained.
- Assigned
- Principal signs POA stating it becomes effective on a future date/event (e.g., incapacity) Capable
- Starts
- The future time or contingency stated in the instrument occurs; the statute names no one to certify it and supplies no default certifier Incapacitated
- Ends
- Death of principal (good-faith acts without actual knowledge still bind) Deceased
- Revocation, POA terms, purpose accomplished, agent exit, spouse-agent dissolution filing Incapacitated
- Court limits/suspends/terminates after conservator appointment Incapacitated
Something missing or wrong for US — Pennsylvania?
UPOAA §105 (2006); UPOAA §109(a)-(b) (2006); 20 Pa.C.S. §5604; UPOAA §110(a) (2006); UPOAA §110(d) (2006); UPOAA §110(b) (2006); UPOAA §108 (2006)
US — Texas differs from the US model
Agent under springing (contingent) financial power of attorney
A power of attorney that the principal writes to take effect at a future date or on a future event, most often the principal's incapacity. The POA can name who decides that the event has happened. If it names no one, a physician (or licensed psychologist) can certify impairment, or a lawyer, judge or government official can certify that the principal is missing or detained.
- Assigned
- Principal signs POA stating it becomes effective on a future date/event (e.g., incapacity) Capable
- Starts
- Principal's disability or incapacity; unless the POA defines it, a physician certifies in writing, after execution and based on a medical examination, that the principal cannot manage financial affairs Incapacitated
- Ends
- Death of principal (good-faith acts without actual knowledge still bind) Deceased
- Revocation, POA terms, purpose accomplished, agent exit, spouse-agent dissolution filing Incapacitated
- Court limits/suspends/terminates after conservator appointment Incapacitated
Something missing or wrong for US — Texas?
UPOAA §105 (2006); UPOAA §109(a)-(b) (2006); Tex. Est. Code §751.00201; Tex. Est. Code §751.0021; Tex. Est. Code §752.051; UPOAA §110(a) (2006); UPOAA §110(d) (2006); UPOAA §110(b) (2006); UPOAA §108 (2006)
Agent under springing (contingent) financial power of attorney
A power of attorney that the principal writes to take effect at a future date or on a future event, most often the principal's incapacity. The POA can name who decides that the event has happened. If it names no one, a physician (or licensed psychologist) can certify impairment, or a lawyer, judge or government official can certify that the principal is missing or detained.
- Assigned
- Principal signs POA stating it becomes effective on a future date/event (e.g., incapacity) Capable
- Starts
- Written determination that the event/incapacity occurred, by the person the POA authorizes or, by default, a physician [or licensed psychologist] (impairment) or an attorney, judge, or appropriate governmental official (missing/detained/unable to return) Incapacitated
- Ends
- Death of principal (good-faith acts without actual knowledge still bind) Deceased
- Revocation, POA terms, purpose accomplished, agent exit, spouse-agent dissolution filing Incapacitated
- Court limits/suspends/terminates after conservator appointment Incapacitated
Something missing or wrong for US — Utah?
UPOAA §105 (2006); UPOAA §109(a)-(b) (2006); UPOAA §109(c)-(d) (2006); UPOAA §110(a) (2006); UPOAA §110(d) (2006); UPOAA §110(b) (2006); UPOAA §108 (2006)
Agent under springing (contingent) financial power of attorney
A power of attorney that the principal writes to take effect at a future date or on a future event, most often the principal's incapacity. The POA can name who decides that the event has happened. If it names no one, a physician (or licensed psychologist) can certify impairment, or a lawyer, judge or government official can certify that the principal is missing or detained.
- Assigned
- Principal signs POA stating it becomes effective on a future date/event (e.g., incapacity) Capable
- Starts
- Written determination that the event/incapacity occurred, by the person the POA authorizes or, by default, a physician [or licensed psychologist] (impairment) or an attorney, judge, or appropriate governmental official (missing/detained/unable to return) Incapacitated
- Ends
- Death of principal (good-faith acts without actual knowledge still bind) Deceased
- Revocation, POA terms, purpose accomplished, agent exit, spouse-agent dissolution filing Incapacitated
- Court limits/suspends/terminates after conservator appointment Incapacitated
Something missing or wrong for US — Virginia?
UPOAA §105 (2006); UPOAA §109(a)-(b) (2006); UPOAA §109(c)-(d) (2006); UPOAA §110(a) (2006); UPOAA §110(d) (2006); UPOAA §110(b) (2006); UPOAA §108 (2006)
Agent under springing (contingent) financial power of attorney
A power of attorney that the principal writes to take effect at a future date or on a future event, most often the principal's incapacity. The POA can name who decides that the event has happened. If it names no one, a physician (or licensed psychologist) can certify impairment, or a lawyer, judge or government official can certify that the principal is missing or detained.
- Assigned
- Principal signs POA stating it becomes effective on a future date/event (e.g., incapacity) Capable
- Starts
- Written determination that the future date, event or incapacity has occurred, by a person the POA authorises; failing that, by a physician or licensed psychologist unrelated to the principal or agent by blood or marriage who has personally examined the principal, or by a judge or appropriate governmental official where the principal is missing or detained Incapacitated
- Ends
- Death of principal (good-faith acts without actual knowledge still bind) Deceased
- Revocation, POA terms, purpose accomplished, agent exit, spouse-agent dissolution filing Incapacitated
- Court limits/suspends/terminates after conservator appointment Incapacitated
Something missing or wrong for US — Washington?
UPOAA §105 (2006); UPOAA §109(a)-(b) (2006); Wash. Rev. Code §11.125.090; UPOAA §110(a) (2006); UPOAA §110(d) (2006); UPOAA §110(b) (2006); UPOAA §108 (2006)
Agent under springing (contingent) financial power of attorney
A power of attorney that the principal writes to take effect at a future date or on a future event, most often the principal's incapacity. The POA can name who decides that the event has happened. If it names no one, a physician (or licensed psychologist) can certify impairment, or a lawyer, judge or government official can certify that the principal is missing or detained.
- Assigned
- Principal signs POA stating it becomes effective on a future date/event (e.g., incapacity) Capable
- Starts
- Written determination that the event/incapacity occurred, by the person the POA authorizes or, by default, a physician [or licensed psychologist] (impairment) or an attorney, judge, or appropriate governmental official (missing/detained/unable to return) Incapacitated
- Ends
- Death of principal (good-faith acts without actual knowledge still bind) Deceased
- Revocation, POA terms, purpose accomplished, agent exit, spouse-agent dissolution filing Incapacitated
- Court limits/suspends/terminates after conservator appointment Incapacitated
Something missing or wrong for US — West Virginia?
UPOAA §105 (2006); UPOAA §109(a)-(b) (2006); UPOAA §109(c)-(d) (2006); UPOAA §110(a) (2006); UPOAA §110(d) (2006); UPOAA §110(b) (2006); UPOAA §108 (2006)