State Laws Regulating Durable Powers of Attorney

Most states recognize Durable Powers of Attorney; however, the laws in each state vary. Each state has their own requirements and limitations. Some states recognize that a Durable Power of Attorney will take effect immediately upon execution. You should be extremely careful before you draft this document and have it executed. If you have any questions about your state’s regulatory laws, please contact Member Services to speak to an attorney.

Often, states will recognize a Springing Durable Power of Attorney. This document has very specific limitations on the time that this Durable Power of Attorney can take effect. Usually these Springing Durable Powers of Attorney are created to take effect only upon the happening of a specific event, such as incapacity. It is called "springing" because it "springs into effect" when the event(s) specified in the document have occurred. You should consult your attorney or contact Member Services to see if this is necessary for your situation. You may also need to contact an attorney as some states may not recognize these documents.