From a presentation given by attorney Tim Nay M.S.W., J.D at the NAPFA West Region Conference.

Avoid springing powers of attorney (POA) because the Health Insurance Portability and Accountability Act (HIPAA) and other considerations making springing powers increasingly problematic. Instead POAs should be immediate. If this is uncomfortable then the wrong person is being chosen for this power. Surprisingly, Tim stated that in the over 1200 Durable Financial Powers of Attorney’s that he has helped execute, he does not know of a single case where it was abused.