Springing vs. surviving durable financial powers of attorney: what's the difference? Which is better? A "springing" power of attorney becomes effective only when the signer becomes incapacitated -- lawyers talk about it "springing" into existence. A "surviving" power is immediately effective, and survives even if the signer later becomes incapacitated. Which do you prefer? Join us for our podcast discussion about the difference between springing vs. surviving powers of attorney. We aim to give you enough information so that you can decide which is for you. Spoiler alert: there's not an answer that is always correct for everyone, and the answer may be different depending on where you live.