Design and create a comprehensive Pennsylvania Power of Attorney (POA) tailored to your needs and state’s requirements with the help of step-by-step guidance and expert customizable forms.
Last Update April 27th, 2023
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- What is a Power of Attorney in Pennsylvania
- Types of Power of Attorney in Pennsylvania
- How to Get a Power of Attorney in Pennsylvania
- Pennsylvania Power of Attorney Requirements
- Pennsylvania Power of Attorney Laws
- Pennsylvania Power of Attorney Sample
- FAQs About Pennsylvania Power of Attorney Forms
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What is a Power of Attorney in Pennsylvania
.A Pennsylvania Power of Attorney (POA) is a legal authorization that gives an appointed individual the power to act on behalf of someone else. The person granting this decision-making ability is known as the principal, and the designated individual is called the attorney-in-fact or Agent.
In Pennsylvania a power of attorney allows the agent to: bind the principal to contracts, sell, buy, or transfer assets; and make medical decisions affecting the principal. Pennsylvania state laws may also have different rules regarding the enforceability of agreements or the agent’s rights.
Types of Power of Attorney in Pennsylvania
There are many types of POA that can be used in Pennsylvania to appoint an Agent (or Attorney-in-Fact) to make decisions and to manage essential financial and/or medical responsibilities for a principal.
The most common variants include the following examples:
Durable Power of Attorney documents are invaluable tools for individuals planning how their estate will be managed in their old age, or in the event of sudden illness or disability. They allow the Agent to act for the Principal even if they become incapacitated.
A Limited Power of Attorney allows a Principal to grant time-limited powers to an Agent. This is usually to allow the Agent to complete a one-off task such as signing a contract.
Medical Power of Attorney is a durable form of POA that allows a Principal to appoint a person to make medical decisions for them if they become incapacitated
Real Estate: Real Estate POAs are specially tailored documents that let Principals grant powers to an Agent for the purposes of managing real estate.
Minor Child Power of Attorney: This variety of Power of Attorney allows a Principal to appoint an Agent to take on their legal parental rights for a limited period of time. This could be for work reasons, deployment in the military, or due to an illness.
How to Get a Power of Attorney in Pennsylvania
A Pennsylvania Power of Attorney can be filled-in fully online with our step-by-step form completion survey. All you need to do is answer the questions and add in your own information to create a fully complete POA tailored to your necessities.
Alternatively, the task of creating a POA can be left to a lawyer. However, this is usually a more time consuming and costly process.
Pennsylvania Power of Attorney Requirements
In order to make sure your POA is fully valid upon completion and signing, you must make sure that you follow the right steps to prepare your Pennsylvania Power of Attorney document before successfully putting it into action.
To do this you will need to meet the following criteria:
Make sure all the details on the form are correct such as names, addresses, dates, and the powers that are to be granted.
The completed form should be signed by both the Agent and Principal.
Ensure the sign and date of the notice and acknowledgment executed by the agent provided in 5601-C and 5601-D.
Detail the date of start and end of powers.
It is essential that the signing of the document is viewed by 2 witnesses who must also sign the form.
A notary public must also be present at the signing to notarize the document, and must sign it too.
In the event that the POA will be used to manage real estate, the document must be filed with the clerk of the county where the property is located 30 days after signing.
In addition to these steps, it is crucial that all the signing parties are legally able to enter into this agreement. This means that they must:
Be over 18 years of age.
Be mentally competent enough to enter into a contractual agreement.
Understand the powers that are being granted.
In 2014, Pennsylvania adopted the Universal Power of Attorney Act (UPOAA). This Act (§ 5601)allows you to use your Power of Attorney in other states that have also adopted the UPOAA.
Ensure the legal terms on your document also follows the guidelines of the act.
Lastly, the Agent must be a legal adult or a financial institution with trust powers, a registered place of business within the state and that has the authority to carry out trust business in Pennsylvania. They should also be someone that the Principal has full confidence in.
Pennsylvania Power of Attorney Laws
The Pennsylvania Power of attorney is regulated under chapter 56 of title 20 of the Pennsylvania Consolidated Statutes, also referred to as “20 Pa CSA §5601-5614”.
Even though the Pennsylvania legislature does not include a form for a power of attorney, it does provide a “notice” and an “acknowledgment” provision that must be included in your Pennsylvania Power of Attorney.
Additionally, it describes how the Pennsylvania Power of Attorney may be created and used, and it specifies the various types of Powers a principal may grant to an agent.
Pennsylvania Power of Attorney Sample
Before starting your own Pennsylvania Power of Attorney, it can help to look over an example document to understand how your final draft will look and what it will say. Simply view our POA sample now to get a feel for how these documents are written and appear once completed.
FAQs About Pennsylvania Power of Attorney Forms
It is important to have a good understanding of what Pennsylvania Power of Attorney forms can do before filling in your own. Read through our FAQs below to get a better idea of the key information needed as well as any other special considerations.
Who Should Be Your Pennsylvania POA Agent?
When choosing the right Agent for your Pennsylvania POA, it is essential to pick a person (or people) that you trust implicitly.
By granting Power of Attorney to someone you allow them to hold a large amount of responsibility for your financial or even bodily wellbeing. An Agent therefore must be someone you know will take the actions that serve these interests best.
Who Can Override a Pennsylvania Power of Attorney?
There are a few ways to override a Power of Attorney. First of all, you can simply revoke it, as the Principal retains the right to remove the powers at any time.
If on the other hand, you wish to revoke the Pennsylvania Power of Attorney of an already incapacitated family member, you will have to write to the Agent to ask them to formally step down as POA. If they refuse, you may then need to take the matter to court and appoint guardianship to render the powers of the Agent inactive.
How to Know if My Power of Attorney is Durable?
In Pennsylvania, Power of Attorney documents are automatically assumed to be durable unless the contrary is specifically stated in the wording of the form.
This means it is necessary to expressly create a nondurable document if you wish for the powers you are granting to not be durable and for the POA to expire in the event of your incapacity.