A power of attorney is an important legal document that grants someone full or limited authority to act on your behalf. Among these powers, the person with power of attorney has the right to make important decisions about medical and financial matters.
If you have questions about creating a power of attorney, our dedicated estate planning attorneys are here to help guide you through the process. Hiring a Warrendale power of attorney lawyer can advise you on various issues involving a power of attorney.
A power of attorney allows you to appoint someone to manage your affairs in the event you become disabled or incapacitated. The person granted a power of attorney is usually someone trustworthy, like close family members and friends.
The person who names their power of attorney is known as the principal, and the individual with the power to act on their behalf is called the agent. The state allows an individual to grant a power of attorney to an agent in 20 Pa.C.S. § 5601.
A legally enforceable power of attorney must be dated and signed by the principal in front of a notary public and two witnesses.
An agent has certain duties and responsibilities when granted a power of attorney, which are outlined in 20 Pa.C.S. § 5601.3. These obligations include acting in good faith, per the principal’s expectations, and only acting within the authority granted by the power of attorney.
Powers of attorney in the state are presumed durable unless otherwise specified in the document. A durable power of attorney remains in effect until the principal dies or revokes the power.
When delegating authority through a power of attorney, you have the option to limit the areas over which the agent has decision-making power. For example, an advanced health care directive or living will can limit the agent’s authority to start, continue, withhold, or withdraw life-sustaining treatment.
According to 20 Pa.C.S. § 5433 and 20 Pa.C.S. § 5442, an advanced health care directive or living will is only legal if the principal is:
The state also requires that an advanced health care directive or living will is signed and dated by the principal and witnessed by two adults at least 18 years of age.
The agent cannot serve as a witness when a medical power of attorney is signed. Additionally, the principal’s health care provider cannot sign an advanced directive or living will on behalf of the principal. A lawyer in Warrendale can ensure the principal is legally eligible to create a medical power of attorney.
A durable power of attorney is indefinite unless the initial document states an end date, according to 20 Pa.C.S. § 5604. However, the principal can end or revoke the power of attorney by providing written notice to the agent, according to 20 Pa.C.S. § 5605. The principal can also designate a time for the power of attorney to terminate automatically.
When revoking a power of attorney, it is also important to provide notice to any third parties that have dealt with the agent, such as financial institutions and medical care providers.
A power of attorney lawyer in Warrendale can help you change your chosen agent when you no longer believe they will act in your best interest. For example, going through a divorce when your spouse is the designated agent could also require terminating a power of attorney.
A power of attorney can serve as an important estate planning tool, allowing you to determine who will manage your affairs if you are incapacitated. Obtaining a Warrendale power of attorney lawyer when drafting the document can help ensure it is legally enforceable.
You may also have questions about the extent of your authority and powers when serving as an agent through a power of attorney. Our attorneys can also provide advice about the limits of your authority. Contact our office to schedule a personalized consultation.
If you have questions or want more information about estate planning, please feel free to attend one of our elder law workshops.
