What Is a Power of Attorney? Immediate vs. Springing POA Explained

Tony Duran
Aug 10
3 min read

When most people start estate planning, they think about a Last Will and Testament, the document that spells out what happens after you’re gone.

But here’s the reality: a serious accident, illness, or unexpected injury can leave you unable to make decisions while you’re still alive. If you haven’t prepared for that possibility, your family could be left in legal limbo.

That’s where a Power of Attorney, often called a “POA” becomes one of the most important documents in your entire estate plan.

What Is a Power of Attorney?

A Power of Attorney is a legal document that gives someone you trust the ability to act on your behalf. That person, called your “agent” or “attorney-in-fact” can manage financial matters, sign important documents, pay bills, or make medical decisions depending on the powers you grant.

Without a POA, if you become incapacitated, your loved ones might have to go through an expensive, time-consuming Kentucky guardianship or conservatorship process just to help you. That process is public, stressful, and avoidable with a properly prepared POA.

Two Main Types of Power of Attorney

Not all POAs work the same way. The two most common are Immediate and Springing.

1. Immediate Power of Attorney

An immediate POA takes effect the moment you sign it. Even if you’re perfectly healthy, your chosen agent can act for you.

Benefits of an Immediate POA:

No delay if urgent action is needed.
Helpful if you travel often or live far from your business/financial accounts.
Ensures there’s always someone ready to step in.

Considerations: You must fully trust your chosen agent because they can act right away.

2. Springing Power of Attorney

A springing POA “springs” into effect only when a specific event happens — usually when a doctor certifies you are unable to manage your own affairs due to illness, injury, or mental decline.

Benefits of a Springing POA:

Limits your agent’s authority until absolutely necessary.
Provides peace of mind if you prefer to retain control while you’re able.

Considerations: It can take time to “activate” a springing POA because medical documentation is usually required. That delay can be a problem in emergencies.

Which One Is Right for You?

Choosing between an immediate and a springing POA depends on:

Your level of trust in the person you’re naming.
How quickly you want them to be able to act.
Your lifestyle, travel, and health considerations.

Many Kentuckians choose both a financial POA and a healthcare POA to cover different needs. A financial POA handles money matters. A healthcare POA covers medical decisions if you can’t speak for yourself.

The Cost of Waiting

If you don’t have a POA and something happens to you, your family could spend thousands of dollars and months in court just to be allowed to help you.

A properly executed POA keeps those decisions in the hands of someone you choose, not a judge who’s never met you.

Included in Our $200 Will Package

At Stone Law Office (soon to become Liberty Legal in 2026), we believe estate planning in Kentucky should be simple, complete, and affordable.

Our $200 online will package includes: