Power of Attorney in Pennsylvania: Types, Agents, and Requirements

Planning for the future means preparing for situations where you may not be able to make decisions for yourself. A power of attorney allows you to designate someone you trust to act on your behalf when you cannot. At Mette Law, we offer experienced consultation with a compassionate estate planning lawyer in Pennsylvania.

What Is a Power of Attorney?

A power of attorney is a legal document that grants another person the authority to make decisions and take actions on your behalf. You, as the principal, choose an agent to handle financial, legal, or healthcare matters according to your specific instructions.

Types of Power of Attorney

Pennsylvania law recognizes multiple types of power of attorney; each is designed for different purposes and levels of authority. Selecting the right option depends on your needs and how much control you wish to grant:

• General power of attorney. Your agent receives broad authority to handle most financial and legal matters, but the power ends if you become incapacitated.
• Durable power of attorney. The agent’s authority continues even if you become mentally or physically unable to make decisions, making it valuable for long-term planning.
• Limited power of attorney. You restrict your agent’s authority to specific transactions or time periods, such as selling a property while you are traveling abroad.
• Healthcare power of attorney. Your designated agent makes medical decisions on your behalf when you cannot communicate your wishes to healthcare providers.

Who Can Be an Agent?

Selecting the right agent requires careful consideration of trustworthiness, capability, and availability. Pennsylvania allows you to name almost any adult as your agent, though certain factors should guide your decision:

• Trustworthiness. Your agent will have significant control over your affairs, so choose someone with proven integrity and sound judgment.
• Financial responsibility. If granting financial powers, select someone who manages their own finances well and will act in your best interest.
• Availability and proximity. Your agent should be accessible when needed and able to respond quickly to time-sensitive matters.
• Willingness to serve. Confirm that your chosen agent accepts the responsibility before finalizing your documents.

How to Create a Power of Attorney in Pennsylvania

Working with an experienced estate planning lawyer helps ensure your power of attorney meets all legal requirements and accurately reflects your intentions. Under 20 Pa. C.S. § 5601, the State requires specific formalities for a valid power of attorney, including proper execution and acknowledgment:

• Determine the scope of authority. Decide which powers you want to grant and whether you need durable provisions that survive incapacity.
• Execute the document correctly. Pennsylvania law requires your signature and acknowledgment before a notary public.
• Provide copies to relevant parties. Provide your agent with the original or certified copies, and notify financial institutions, healthcare providers, and any other parties who may need to verify the document.

Consult a Knowledgeable Pennsylvania Estate Planning Lawyer Now

Creating a power of attorney protects your interests and gives you control over who makes decisions on your behalf when you are unable to. Contact Mette Law at 717-232-5000 to schedule a consultation with an estate planning lawyer in Pennsylvania.