how to obtain power of attorney in pa

3 min read 16-01-2025

Power of attorney (POA) is a legal document that allows one person (the "principal") to grant another person (the "agent" or "attorney-in-fact") the authority to act on their behalf. This article explains how to obtain power of attorney in Pennsylvania. Understanding the process is crucial for ensuring your wishes are legally and effectively carried out.

Types of Power of Attorney in PA

Pennsylvania recognizes several types of POAs, each granting different levels of authority:

1. General Power of Attorney

This grants broad authority to the agent to handle most financial and legal matters on the principal's behalf. The agent can manage bank accounts, pay bills, sell property, and more. However, it typically terminates if the principal becomes incapacitated.

2. Durable Power of Attorney

This is crucial for long-term planning. Unlike a general POA, a durable POA remains in effect even if the principal becomes incapacitated. This ensures continued management of affairs during illness or disability. This is often the preferred type for estate planning.

3. Limited Power of Attorney

This grants the agent authority only for specific tasks outlined in the document. This offers greater control over the agent's powers. For example, it might only allow the agent to manage a specific bank account or real estate transaction.

4. Springing Power of Attorney

This type of POA only becomes effective upon the occurrence of a specified event, usually incapacitation. Until that event, the agent has no authority. It offers a balance of control and future planning.

Steps to Obtain Power of Attorney in Pennsylvania

The process of obtaining a POA in Pennsylvania generally involves these steps:

1. Choose the Right Type of Power of Attorney

Carefully consider the level of authority you want to grant and the duration you need it to last. Consulting with an attorney is highly recommended to determine the best type for your situation.

2. Select Your Agent

Choose someone you trust implicitly and who is capable of managing your affairs responsibly. Consider their financial literacy, organizational skills, and willingness to take on this responsibility.

3. Create or Obtain the Power of Attorney Document

You can create the POA document yourself using a template, but it is highly recommended to have an attorney draft the document. This ensures the document is legally sound and accurately reflects your wishes, which is particularly important for complex situations or significant assets. Improperly drafted documents can lead to legal complications.

4. Have the Document Properly Executed

Both the principal and the agent must sign the document in the presence of a notary public. The notary public verifies the identities of both parties and witnesses their signatures. This is legally required for the POA to be valid. Pennsylvania law specifies requirements for witnessing and notarization.

5. Keep the Original Document Secure

Store the original POA in a safe place, accessible to the agent when needed. Consider providing a copy to your agent and keeping another copy for your own records.

Common Questions about Power of Attorney in PA

Q: What happens if I become incapacitated and don't have a durable POA?

A: Without a durable POA, your family may need to seek court intervention through guardianship proceedings to manage your affairs, which is a lengthy and potentially expensive process.

Q: Can I revoke my Power of Attorney?

A: Yes, you can generally revoke a POA at any time, as long as you are mentally competent to do so. The revocation should be in writing and should be delivered to the agent.

Q: Do I need an attorney to create a Power of Attorney?

A: While not strictly required for simpler situations, consulting an attorney is highly recommended, especially for complex financial situations or significant assets. An attorney can ensure the document is legally sound and protects your interests.

Conclusion

Obtaining power of attorney in Pennsylvania is a crucial step in estate planning and ensuring the smooth management of your affairs. By understanding the different types of POAs and following the proper execution steps, you can protect yourself and your loved ones from future complications. Remember, seeking legal counsel is strongly recommended to ensure the document is properly drafted and meets your specific needs.