how to give someone power of attorney in pennsylvania

• Decide how much authority to give your agent. Ask yourself why you want a power of attorney. ...
• Select agents you trust. The most important thing when choosing an agent is to pick someone you trust. ...
• Use a good form power of attorney. Unlike many states, Pennsylvania does not have a financial power of attorney form in its statutes. ...
• Sign your power of attorney with the correct number of witnesses. You must sign your power of attorney for it to be valid. ...
• Deliver the power of attorney to people who need it. You should give a copy of your financial power of attorney to your agent and to any businesses or banks ...

Full Answer

How do you obtain a power of attorney in Pennsylvania?

To be valid in Pennsylvania, a Power of Attorney document must be signed before two witnesses as well as a notary by the principal. In addition to the principal's signature, the agent must sign a document acknowledging that they know of the responsibilities that come with being an agent and agree to carry out their duties as called upon.

How to get power of attorney in Pennsylvania?

Pennsylvania law requires the following notice, located in 20 Pa.C.S. Ch. 56., to appear in capital letters at the top of the document, and the principal must sign an acknowledgment just below the notice. 2. Basic Information. A power of attorney must include the basic information about the arrangement, including: The principal's and agent's legal names and addresses

How to fill in a Pennsylvania Power of attorney form?

Sep 22, 2020 · A POA in Pennsylvania must be dated, signed by the principal, witnessed by two adults, and notarized. If the principal is not able to write, he or she may sign by making a mark (such as an "X") or by directing another person to sign on his or her behalf. If this is done, there must be two adult witnesses to the signature.

What is a durable power of attorney in Pennsylvania?

Steps for Making a Financial Power of Attorney in Pennsylvania 1. Create the POA Using Software or an Attorney Some private companies offer forms or templates with blanks that you can fill out to create your POA.

Does Pa require notary for power of attorney?

A POA in Pennsylvania must be dated, signed by the principal, witnessed by two adults, and notarized. ... If this is done, there must be two adult witnesses to the signature. The notary public may not be the agent.

Do you need a lawyer to get a power of attorney?

Do I need a lawyer to prepare a Power of Attorney? There is no legal requirement that a Power of Attorney be prepared or reviewed by a lawyer. However, if you are going to give important powers to an agent, it is wise to get individual legal advice before signing a complicated form.

How much does it cost to get a power of attorney in PA?

What does it typically cost to get a Power of Attorney form in Pennsylvania? The fees associated with hiring a lawyer to write a Power of Attorney might total between $200 and $500, based on your location.

Can I do power of attorney myself?

Some types of power of attorney also give the attorney the legal power to make a decision on behalf of someone else such as where they should live or whether they should see a doctor. In order to make a power of attorney, you must be capable of making decisions for yourself.

What are the 4 types of power of attorney?

AgeLab outlines very well the four types of power of attorney, each with its unique purpose:General Power of Attorney. ... Durable Power of Attorney. ... Special or Limited Power of Attorney. ... Springing Durable Power of Attorney.Jun 2, 2017

How do you obtain power of attorney?

Here are the basic steps to help a parent or loved one make their power of attorney, and name you as their agent:Help the grantor decide which type of POA to create. ... Decide on a durable or non-durable POA. ... Discuss what authority the grantor wants to give the agent. ... Get the correct power of attorney form.More items...•Jun 14, 2021

How to write a power of attorney?

A power of attorney must include the basic information about the arrangement, including: 1 The principal's and agent's legal names and addresses 2 The relationship of the principal to the agent—for example, husband and wife, parent and child, or financial advisor and client 3 The scope of the principal's authority or the types of decisions/transactions the agent can make for the principal 4 The intended duration of the POA

Can you use a copy of a POA in Pennsylvania?

When a power of attorney is filed in Pennsylvania Orphan's Court or with a county's Recorder of Deeds, an original version of the POA must be used. In all other situations, a copy of the document is just as valid as an original.

Is a power of attorney valid in Pennsylvania?

Powers of Attorney from Other States. A power of attorney signed in another state or drafted under another state's law is valid in Pennsylvania so long as the signing of the document complied with the law of the state recited in the POA as its governing law or complied with the law of the state where it was signed.

What information is needed for a power of attorney?

2. Basic Information. A power of attorney must include the basic information about the arrangement, including: The principal's and agent's legal names and addresses. The relationship of the principal to the agent—for example, husband and wife, parent and child, or financial advisor and client.

What is a power of attorney in Pennsylvania?

A power of attorney (or POA) is a legal document that gives one person (the "agent") the authority to act for another person (the "principal"). A POA is useful if you can't be present to take care of a financial matter or want someone to take care of your finances or medical treatment in the event you become incapacitated—what Pennsylvania law ...

Is a POA durable in Pennsylvania?

A POA that only becomes effective if the principal becomes incapacitated is called a "springing" POA (which by its nature is also durable). Under Pennsylvania law, a POA is durable unless it specifically states otherwise.

How old do you have to be to get a POA?

You may make a healthcare POA if you are at least 18 years of age or, if under 18, you have graduated from high school, are married, or are legally emancipated. A healthcare POA must be dated, signed by the principal (in the same manner as for a financial POA), and witnessed by two persons who are at least 18 years old.

What is a POA?

General POA. A general POA confers control of all of the principal’s financial affairs to an agent but terminates as soon as the principal is declared incapacitated. The powers that the agent receives can include control of: Bank accounts. Investment portfolios.

How to create a POA?

The steps to creating a POA are: Steps to Creating a POA. Explanation. Choosing an agent. An agent should be someone the principal trusts to act in their best interests for the full duration of the POA. Drafting the POA.

When does a durable power of attorney end?

Durable POA. Similar to a general POA, a durable power of attorney does not terminate when the principal is declared incapacitated. It only terminates when: The principal passes away. The agent declares themselves unwilling or unable to continue in the role. The principal revokes the POA in writing.

What is a springing POA?

Springing POA. Under a springing POA, the agent only receives control of the principal’s finances when certain defined criteria are met —such as the principal being declared incapacitated. It is also possible to create a durable POA with clauses that define certain powers as springing.

What is limited POA?

Limited POA. A limited POA gives the agent control over the principal’s finances that is restricted to: Certain defined areas of responsibility. A limited time. A principal can use a limited POA if they expect to be unable to manage their own affairs for a set time, after which they will be able to reassert control.

What is a power of attorney in Pennsylvania?

Power of Attorney Pennsylvania. A power of attorney is a legal document that can be drafted for you by an attorney. The document appoints someone as your agent (also called your "attorney-in-fact") to act for you in certain situations. In order to make a power of attorney in Pennsylvania, you first need to choose an agent and determine the type ...

What is the POA document?

This language now contains a warning to the principal about the possible repercussions of a broad grant of authority. It could permit the agent to give away the principal’s property or alter how the principal’s property is distributed at death.

Can a principal sign a POA?

The principal can also direct someone else to sign the POA for him, but if he does this, or if he signs by mark, the signature must be witnessed by two adults. Neither the notary, the agent named in the POA or the person signing on behalf of the principal can be one of the two witnesses.

What is an acknowledgment form?

The agent must also sign a document. It is called an acknowledgment form and in it, the agent accepts the responsibilities he is given under the POA. He agrees to act in good faith and within the scope of the authority granted in the document. The form must contain the language set out in the current statute.

What is a durable power of attorney in Pennsylvania?

A Pennsylvania durable power of attorney form allows a person to delegate any type of financial responsibility to another person. This means a person (“principal”) can choose to give someone else (“agent”) powers from paying bills to buying and selling real estate on their behalf. Durable powers of attorney remain in effect until the death ...

What is durable power of attorney?

A durable power of attorney is a power of attorney by which a principal designates another his agent in writing. The authority conferred shall be exercisable notwithstanding the principal’s subsequent disability or incapacity. A principal may provide in the power of attorney that the power shall become effective at a specified future time or ...

What is a POA?

What Is a Power of Attorney? A power of attorney (POA) is a legal document in which the principal gives power to the agent to act on their behalf in legal, business, healthcare, and real estate matters.

When does a power of attorney become effective?

The power of attorney becomes effective if a certain event takes place, such as when the principal becomes mentally incapacitated. Durable. The power of attorney is effective even if the principal has become ill or is unable to manage their affairs. Medical.

Who can hold a power of attorney?

Most people select the following persons to hold the power of attorney: Spouse. Child, if they are above 18 years of age. Close friend. Trusted accountant or lawyer.

What do you need to include in a POA?

There are various details that you need to include when creating a POA document: Relevant state laws and regulations. Effective date and duration of the agreement. The amount of responsibility you hand to the agent. The number of agents you want to hand over the responsibility to.

What is a person you can trust?

A person you can trust to make the best decision for you. Someone who can be assertive when making difficult decisions. A person who is willing to act in your best interest and can make the time to carry out the responsibilities. A person who will understand and honor their duties and responsibilities.