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 ...
If this is done, there must be two adult witnesses to the signature. The notary public may not be the agent. The witness requirements for a power of attorney in Pennsylvania are that a witness must be at least 18 years of age, but may not be the agent or a person who signed the POA on behalf of the principal.
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.
A POA in Pennsylvania must be dated, signed by the principal, witnessed by two adults, and notarized.
Granting Power of Attorney helps ensure that you and your property are protected if you are incapacitated or otherwise unavailable. These are the specific requirements for filing in the Keystone State.
If the POA includes authority for real estate transactions and is notarized, it may also be recorded in the county office for recording deeds.
A person who signs a POA on behalf of the principal may not be a witness. A healthcare provider or an agent of a healthcare provider may not sign for the principal. A healthcare provider for the principal may not serve as agent, nor may an owner, operator, or employee of such a healthcare provider.
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. Those duties include: 1 Acting in accordance with the principal's reasonable expectations to the extent actually known by the agent, and otherwise in the principal's best interest 2 Acting in good faith 3 Acting only within the scope of authority granted in the Power of Attorney
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.
A Durable Power of Attorney can be limited or general but it remains in effect after the principal becomes incapacitated. A Durable Power of Attorney thus allows the principal to be represented in the event that they become incapacitated and the document remains in effect until either the principal passes away or the principal's health condition improves and they voluntarily rescind the Power of Attorney.
Probate is the legal process that proves the established Will is valid and should be executed according to its terms. If you or a loved one is considering creating a power of attorney, contact attorney Joseph Lento today.
The different types of Power of Attorneys include: A Limited Power of Attorney allows the principal to define their responsibilities within a very narrow scope.
Once permission to act is given by the principal, the agent has the power to bind the principal by contract or create liability if they cause an injury to another person or entity while carrying out their agent duties. The law in Pennsylvania assigns general duties to the designated agent. Those duties include; acting loyally for ...
Those duties include; acting loyally for the principal's benefit; keeping their funds separate from the principal's; acting with care, competence and diligence; keeping records; cooperating with a person who has authority to make health care decisions for the principal;
The principal must have the POA witnessed by two people who are: Aged 18 or over. Not the agent. Not the notary. These rules are designed to eliminate fraud among agents and ensure that any POAs granted in Pennsylvania represent the wishes of the principal signing them.
A power of attorney (POA) can mean the difference between a secure financial future and serious legal wrangles for a principal, their family, and those closely associated with them. The State of Pennsylvania understands this and recently introduced revised legislation to make sure that powers of attorney are regulated clearly and fairly.
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.
A power of attorney (POA) can mean the difference between a secure financial future and serious legal wrangles for a principal, their family, and those closely associated with them.
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.
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.
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.
A Power of Attorney is a written document that allows you (the "principal") to give someone else (your "agent") legal authority to act on your behalf in certain matters. You must choose who will act as your agent and specify what powers you are giving to your agent (what your agent is allowed to do for you). You may select any competent adult ...
If you decide that you no longer want or need a Power of Attorney, or if you change your mind about who your agent is, you can terminate a Power of Attorney by giving written notice to your agent. You should also give notice to your bank, your doctor, or anyone else who got a copy of your Power of Attorney. You can revoke a Power of Attorney at any time.
You must sign and date your Power of Attorney. If you are unable to sign your name, you must have two adults witness and sign the document. Depending on the type of Power of Attorney, your agent may have to sign an Acknowledgment.
The authority that a Power of Attorney gives to your agent can be as limited as selling your car for you or as broad as making financial and health care decisions on your behalf.
You can revoke a Power of Attorney at any time. In some cases, the Power of Attorney will terminate automatically. When you create the Power of Attorney, you can arrange for it to end at a certain time by including an expiration date into the document.
In Pennsylvania, most Powers of Attorney must contain specific language, such as a notice to the principal, in order to be valid. It is a good idea to have a legal professional prepare and/or review your Power of Attorney for you before you sign it.
In some cases, the Power of Attorney will terminate automatically. When you create the Power of Attorney, you can arrange for it to end at a certain time by including an expiration date into the document. In most cases, a Power of Attorney will also end automatically if your spouse is your agent and a divorce is filed.
The new law, Act 95 of 2014, is designed to better protect you from potential financial abuse. It is also intended to protect financial institutions and other third parties from liability for accepting a power of attorney that later is determined to have been invalid. These well-intentioned changes come at a cost to consumers.
What is a Power of Attorney? A Power of Attorney (POA) is a written document in which you (the “principal”) give another person (your “agent”) the authority to act on your behalf for the purposes you spell out in the document.
The new requirements for witnesses and notarization are seen as being more protective of the principal by reducing the potential for situations involving undue influence or duress or for POAs being signed by individuals who don’t know what they are doing. Having documents witnessed and notarized carries the additional benefit of resulting in documents that can be recorded if needed, as with real estate transactions.
So, having a POA gives you the freedom to choose the person you think is best suited to step in for you in the event of your incapacity. It allows you to decide, while you are competent, not only who that person will be, but what powers they will have. It protects both you and your family. It is a vastly important and relatively inexpensive document. Every responsible adult should have a POA.
These well-intentioned changes come at a cost to consumers. When the new law takes full effect on January 1, 2015, POAs will be more complicated to prepare, more difficult to get properly executed (two witnesses and a notary are required), and more susceptible to rejection by your bank. And you will need expert help if you want your POA to give your agent authority to protect your assets and qualify you for benefit programs in the event you ever need long-term care at home or in a nursing facility.
If you do not have a POA and become unable to manage your financial affairs, it may become necessary for a court to appoint someone to handle your finances. In Pennsylvania this person is referred to as your “guardian.” Your court-appointed guardian may not be the person you would have chosen. A guardian has whatever powers the court gives them. This may be very different than the powers you would want them to have. You can usually avoid putting yourself and your family through this kind of costly and embarrassing public court proceeding by creating a POA.
But, in the wrong hands, a POA can also be an instrument of financial exploitation. So, the law tries to strike a balance which gives you the ability to give your agent the powers you desire him or her to have, but which also helps prevent, detect, and prosecute abuse by the agent.
Revisions to Pennsylvania’s power of attorney law took effect in 2015. They affect only the portions of the law governing financial and property transactions and not powers of attorney limited to health care decisions. Among the changes to the Pennsylvania law is a requirement that the principal sign a power of attorney in front of a notary and two adult witnesses, and the agent sign before using the document in front of a notary.
In Pennsylvania, if someone becomes unable to manage their affairs and they do not have a power of attorney in place, a court may appoint a guardian to handle those affairs for them – and it may not be the person they would have chosen themselves. The first step in creating a power of attorney is to choose a trusted agent to handle one’s affairs.
In general, the agent must act in accordance with the principal’s reasonable expectations and best interests, must act in good faith, and must only act within the scope of the powers granted in the POA document. The agent signs the document before trying to use it and has his or her signature notarized.
A power of attorney (POA) is a legal document that allows someone, known as the principal, to identify and authorize another person, known as the agent, to take care of legal, medical, and financial matters on their behalf should they be unable to do so themselves.
To that end, there are different types of power of attorney to be considered: Limited Power of Attorney: A limited power of attorney gives an agent the authority to act on someone’s behalf for a very limited purpose, such as a real estate transaction, and for a limited time period specified in the document.
While no one likes to consider a time where they could become incapacitated, having a power of attorney that would take effect should such a situation arise is important because it allows the principal to choose one or more agents that they trust. In Pennsylvania, if someone becomes unable to manage their affairs and they do not have a power ...
Springing Power of Attorney: Unlike a durable power of attorney, a springing power of attorney only goes into effect when the principal becomes incapacitated. For that reason, it is important that the document clearly spells out the circumstances under which the power of attorney will take effect.
Pennsylvania law requires that, unless the power of attorney document specifically varies these duties, you must: 1. Exercise the powers for the benefit of the Principal; 2. Keep the assets of the Principal separate from your own; 3. Exercise reasonable caution and prudence; 4.
As a fiduciary you have the highest legal responsibility to be faithful to the interests of your Principal . Your job is to act to protect and safeguard and benefit your Principal. You may not put your personal interests ahead of your duties to the Principal. Pennsylvania law requires that, unless the power of attorney document specifically varies ...
Pennsylvania law requires that POAs must be signed by the principal and witnessed by two people who are ages 18 or older. The document must also be dated and notarized. If the principal cannot write, he or she is allowed to sign the document by using a mark or by asking someone else to sign the POA for him or her.
Everyone should consider drafting a power of attorney in case they become incapacitated and are no longer able to make important decisions for themselves. A power of attorney is a document that grants authority to an agent to act on behalf of the principal. Having a POA is a good idea to protect yourself if you become unable to take care ...
Having a POA is a good idea to protect yourself if you become unable to take care of your finances or medical treatment and want someone else to have the power to make the decisions on your behalf. The professionals at Elder Care Direction can explain the benefits of a POA to you and can work to help you to prepare for growing older.
To be valid, your health care POA has to be signed by you, dated and witnessed by two people who are 18 or older.
If one of these methods is used, there must be two witnesses who are adults to watch the signing of the document in addition to the notary public. The witnesses to a power of attorney must not be the agent who is granted the authority or a person who signed the document on the principal’s behalf.
You are able to file a copy of your POA with the Orphan’s Court Division of the Court of Common Pleas, but it is not required. If your POA will include the authority to make decisions about real estate transactions, you can also record it in your county’s office for recording deeds.
Pennsylvania health care power of attorney. Pennsylvania law also allows you to create a health care power of attorney, but there is no standard form. You are able to create a health care POA if you over the age of 18.
Once your power of attorney (POA) document is ready, you need to follow the PA regulations to make it a valid document. Here are the criteria you need to meet:
A POA needs to be dated. The principal must sign it. Two people aged 18 or older need to witness the signing. A notary should notarize it. In case the principal—the person giving the authority to another (the agent)—is unable to sign the POA, they can add a mark, such as an X, or direct another person to sign it for them.
If another person needs to sign it, two witnesses need to be present. This person signing instead of the principal cannot be the notary or the two witnesses that are already required.
The state of Pennsylvania imposes a limit on the notary fees that the notaries public can charge their clients. The cost depends on the notarial act that needs to be performed:
Notarization used to be just an option, but since 2015, Pennsylvania requires citizens to have a notarized POA. This regulation is meant to serve as protection for the principal. With a notary public present during the singing of a POA, situations including fraud or coercion are less likely to take place. The types of POA that are excluded ...