A Pennsylvania durable power of attorney empowers individuals to choose someone to represent them in all types of affairs when they can no longer make decisions or take actions on their own. Unlike a general power of attorney, it allows for continued representation.
This article talks a lot about the peculiarities of drafting a power of attorney document in Pennsylvania.
What Is A Pennsylvania Durable Power of Attorney?
A pa durable power of attorney form is typically drafted in accordance with the provisions of Chapter 56, § 5604 of the Pennsylvania Consolidated Statutes. Regardless of the type, a power of attorney terminates on the death of the drafter.
The one who drafts a durable power of attorney pa is referred to as the grantor or principal while the one chosen to act in the principal's name is described as the agent, proxy or attorney-in-fact.
How Does The Pennsylvania Durable Power of Attorney Work?
By creating a durable power of attorney, a principal is designating some or all of his/her financial, legal, and medical decisions for another to make when the principal can no longer do so. For the content of the form to be recognized as effective under the law, the following must be fulfilled:
- Both principal and agent must be at least 18 years old
- Document must be notarized
- If the principal appoints someone to represent himself/herself, this signing process must be done in the presence of two or more adult witnesses (became effective only after January, 2015)
A pa durable power of attorney form doesn’t need to be recorded, the only exception being when the document is related to the purchase and sale of real estate properties.
To revoke a power of attorney, the principal must sign the revocation form and send a copy to organizations or entities that have dealt with his/her agents when the agents represented him/her.
Who Needs a Pennsylvania Durable Power of Attorney?
It is recommended you draft a pa durable power of attorney form as a Pennsylvania resident if;
- your family lineage has a history of mental illnesses like dementia or Alzheimer’s;
- work in a high-risk environment;
- you are elderly;
- you are terminally ill
Without the durable power of attorney Pennsylvania, an interested individual, say spouse, would have to write a court petition to be appointed as the conservator of the principal. This is usually an expensive process one can avoid by drafting a durable power of attorney form pa beforehand.
What requirements must be fulfilled?
Asides those earlier highlighted, a Pennsylvania poa notice and acknowledgement must be signed and attached to the poa before it is regarded as legal and valid. This notice informs the principal about the significance of the powers being granted to the agent. The agent is then required to sign an acknowledgement form to suggest that he/she accepts the responsibilities granted by the durable poa.
What powers do my agent have?
Using this power of attorney, you can specify the exact powers you are granting to your agents. You can limit your agent to taking charge of your finances or real estate properties only if and when you become incapacitated for example.
A Pennsylvania durable power of attorney assures you of continuous representation should you become incapacitated anytime in the future. Why not draft one today by downloading CocoSign free durable power of attorney forms pa and executing under the provisions of the law.
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