Power of Attorney Types:

When you talk about powers of attorney there are essentially two types of powers of attorney. One, the term is a springing power of attorney but really what it -- what it comes down to is this. The power of attorney only comes into play when, in fact, there is a happening of a specific event. What that event is can be structured into that particular power of attorney, but it otherwise sits there unused. It’s not necessary.

The other type of power of attorney is called a general power of attorney or a general durable power of attorney. That document allows the person to use the powers pretty much anytime they wish. So that that has to be in place during the time of an emergency. Otherwise that general durable power of attorney is usually kept in a safe place, like a safety deposit box, hopefully never having to be used. I might add that the word durable is used because that means there’s a clause right in the power of attorney which says that this power of attorney is good even if there is incapacity for the person that is the giver of that power.