A power of attorney (POA) is a legal document drawn to transfer a set of powers from one individual (Principal) to another (Agent). The stipulations for the POA are different in different states. Today we are going to discuss more about the Pennsylvania Power of Attorney.
What is the Pennsylvania Power of Attorney?
Pennsylvania power of attorney form is a legal document drawn to appoint an Agent or attorney-in-fact to act/represent on behalf of the Principal. The Agent can represent the Principal in matters related to finance, health, and estate.
This document can only be drawn if the Principal, on whose behalf the Agent will act, is of a sound mind and can interpret and comprehend the complexities involved. A Principal can draw different kinds of power of attorney based on their requirements.
Why Would You Use a Pennsylvania Power of Attorney Form?
If you reside in Pennsylvania, and want to grant someone the right to act on your behalf and make important decisions, Pennsylvania requires you to use a power of attorney form.
A power of attorney form PA outlines the various powers/responsibilities conferred upon the Agent by the Principal clearly and concisely. This legal form documents everything in writing and guides the agent with all the duties and responsibilities they are responsible for.
To avoid any human errors due to an oversight or other situations, several pre-drafted forms are available on CocoSign. In these forms, everything is carefully mentioned, under the Pennsylvania law, as per different types of the POA. Thus, using a pre-drafted form can save a lot of time and effort for all the parties involved.
What are the Power of Attorney Requirements in Pennsylvania?
In the state of Pennsylvania under the current law, the following requirements must be met to draw a POA:
- Both the Principal and the Agent must duly sign the POA.
- Two adult witnesses (over the age of 18) must be present during the signing of the POA.
- The witnesses must not be a party involved in drawing up the POA.
- The Principal can sign the document by using a mark or appointing someone in his place to sign the document.
- A notary public must remain present at the signing to witness, date, and notarize the document.
- Acknowledgment by the Agent that he understands and accepts the responsibilities given to him under the POA.
- The Principal must sign and acknowledge the notice, located in 20 Pa.C.S. Ch. 56., mentioned on top of the form.
Types of Power of Attorney in Pennsylvania
There are eight different types of Pennsylvania Power of Attorney forms:
With the help of this, a person (Principal) can appoint a trustworthy Agent to act on his/her behalf in financial matters even when the Principal is incapacitated. This kind of POA is set for a long term between the two parties.
General Power of Attorney
This type allows the Principal to transfer some of his/her financial powers onto the Agent. However, unlike the Durable POA, General POA is terminated if the Principal becomes incapacitated.
Limited Power of Attorney Form PA
If a Principal wants to pass on certain business-related powers to an Agent for a specific time s/he can do so with the help of limited POA. The document can be terminated once the task is over or the end date can be specified in the document post, which automatically gets revoked.
Medical Power of Attorney Form PA
This allows the Principal to outline instructions concerning his/her end-of-life treatments or medications and appoint an Agent to make those decisions on his/her behalf in case the Principal is not able to do it himself/herself.
Minor Child Power of Attorney
Using this form, a Principal can confer the authority over his/her minor child(ren) to an Agent for a limited time. The Agent is responsible for the child(ren) in such a scenario and can make decisions on child(ren)’s behalf.
Real estate Power of Attorney
To enable an Agent to make real estate related decisions for another individual (Principal) Real Estate Power of Attorney is drawn. This POA is valid for a marked period.
Tax Power of Attorney
With the help of this, a Principal can appoint another individual, preferably a tax professional, to make decisions regarding the tax matters in front of the Pennsylvania Department of Revenue.
Vehicle Power of Attorney
This POA enables an Agent to manage issues or make decisions on behalf of an individual with the Department of Transportation in Pennsylvania.
How to Get A Power of Attorney in Pennsylvania?
To get a POA in Pennsylvania, an individual must draw the required document. The document is then to be signed by both the parties (Principal and Agent) in the presence of two witnesses and a notary public. The Agent must confirm that he understands the duties he/she has been called upon to perform. Those duties include:
- Acting under the Principal's reasonable expectations to the extent known by the Agent, and otherwise in the Principal's best interests
- Acting in good faith
- Acting only within the scope of authority granted in the Power of Attorney
Visit CocoSign and download the required PA power of attorney form on the go. CocoSign boasts a range of templates for all the eight types of power of attorney that can be drawn in the state of Pennsylvania.
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