Morris Plains, NJ asked in Family Law and Elder Law for New Jersey

Q: If a springing general durable power of attorney and a general durable power of attorney were signed at the same time.

Which poa should be followed

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1 Lawyer Answer
Richard Diamond
Richard Diamond
  • Short Hills, NJ
  • Licensed in New Jersey

A: A “springing power of attorney” is also referred to as a “conditional power of attorney”, which is a power of attorney that is activated after certain conditions are met - typically when the principal becomes disabled or mentally incompetent. However, it could also be used when someone is in the military and preparing for deployment overseas and he / she wants to ensure that arrangements are in place to handle his / her financial affairs while away.

Conversely, a general durable power of attorney is in effect when the principal is cognizant and when he / she is incapacitated. For example, someone might give a son or a daughter power over his finances or control over certain assets because he feels that they are better with the handling of their finances that himself. The next question is whether the springing power of attorney provides a definition for incapacity or for the condition giving rise to its activation and whether that condition currently exists.

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