What is the difference between a “non-springing” DPOA and a “springing” DPOA?
A “springing” DPOA is defined in Florida Statute §709.08 and permits the attorney-in-fact to assume control of your business affairs only when certain affidavits are signed, including an affidavit sworn to by a doctor (not just a letter signed by your doctor) stating that you are unable to handle your affairs. Unfortunately, many individuals probably will not use “springing” DPOAs as many doctors will be reluctant to sign an affidavit. Before 2002 Florida only allowed “non-springing” DPOAs which meant that a DPOA became effective upon signing and, when necessary, could then be used by the attorney-in-fact. Many lawyers would have clients sign an Escrow Instruction Letter which allowed the release of the DPOA only upon the signer’s oral or written instructions or a written letter signed by a physician.
