Content Overview
Guide to Writing Pennsylvania Durable Power of Attorney
After obtaining the Pennsylvania Durable Power of Attorney form, you will need to complete it carefully. This form allows you to designate someone to act on your behalf in financial matters. Follow the steps below to fill it out correctly.
- Begin by entering your full name and address at the top of the form.
- Next, write the name and address of the person you are appointing as your agent.
- Specify the powers you wish to grant your agent. You can choose to grant general powers or specific powers.
- Indicate whether you want the power of attorney to take effect immediately or only if you become incapacitated.
- Sign and date the form in the designated area. Make sure to do this in front of a notary public.
- Have your agent sign the form to acknowledge their acceptance of the role.
- Store the completed form in a safe place and provide copies to your agent and any relevant parties.
PDF Form Specs
| Fact Name | Description |
|---|---|
| Definition | A Durable Power of Attorney (DPOA) is a legal document that allows an individual (the principal) to appoint someone else (the agent) to make decisions on their behalf, even if the principal becomes incapacitated. |
| Governing Law | The Pennsylvania Durable Power of Attorney is governed by the Pennsylvania Consolidated Statutes, specifically Title 20, Chapter 56. |
| Durability | The term "durable" means that the power of attorney remains in effect even if the principal is no longer able to make decisions due to mental or physical incapacity. |
| Agent's Authority | The agent can have broad or limited authority, depending on how the DPOA is drafted. This can include managing finances, making healthcare decisions, or handling real estate matters. |
| Execution Requirements | In Pennsylvania, the DPOA must be signed by the principal and witnessed by two individuals or notarized to be valid. |
| Revocation | The principal can revoke the Durable Power of Attorney at any time, as long as they are competent to do so. This revocation should be documented in writing. |
| Agent's Duties | The agent is required to act in the best interest of the principal, maintaining loyalty and avoiding conflicts of interest. |
| Springing DPOA | A springing Durable Power of Attorney becomes effective only when a specific event occurs, such as the principal's incapacity, as defined in the document. |
| Health Care Decisions | While the DPOA can cover health care decisions, it is often advisable to create a separate Health Care Power of Attorney for clarity and specificity. |
| Importance of Legal Advice | Consulting with an attorney when drafting a Durable Power of Attorney is recommended to ensure that it meets legal requirements and accurately reflects the principal's wishes. |
FAQ
What is a Durable Power of Attorney in Pennsylvania?
A Durable Power of Attorney (DPOA) is a legal document that allows an individual (the principal) to appoint another person (the agent) to make decisions on their behalf. This document remains effective even if the principal becomes incapacitated. In Pennsylvania, the DPOA can cover a wide range of decisions, including financial and healthcare matters, depending on how it is drafted.
How do I create a Durable Power of Attorney in Pennsylvania?
To create a Durable Power of Attorney in Pennsylvania, follow these steps:
- Choose an agent you trust to act on your behalf.
- Draft the DPOA document, clearly outlining the powers granted to the agent.
- Sign the document in the presence of a notary public. This is required for the DPOA to be legally valid.
- Provide copies of the signed document to your agent and any relevant institutions, such as banks or healthcare providers.
What powers can I grant to my agent?
The powers granted in a Durable Power of Attorney can vary widely. Common powers include:
- Managing financial accounts and investments
- Paying bills and managing expenses
- Making healthcare decisions
- Buying or selling property
- Handling tax matters
It is important to specify the powers clearly in the document to avoid any confusion in the future.
Can I revoke a Durable Power of Attorney in Pennsylvania?
Yes, a Durable Power of Attorney can be revoked at any time, as long as the principal is competent. To revoke the DPOA, the principal must create a written notice of revocation and provide it to the agent. Additionally, it is advisable to inform any institutions that may have relied on the DPOA.
What happens if I do not have a Durable Power of Attorney?
If an individual becomes incapacitated without a Durable Power of Attorney in place, their loved ones may need to go through a legal process to obtain guardianship. This can be time-consuming and costly. Having a DPOA allows for a smoother transition of decision-making authority and can help avoid potential disputes among family members.
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Pennsylvania Durable Power of Attorney Example
Pennsylvania Durable Power of Attorney Template
This Durable Power of Attorney is created in accordance with the laws of the Commonwealth of Pennsylvania.
Principal Information:
- Name: ________________________________
- City: ________________________________
- State: ________________________________
- Zip Code: ________________________________
Agent Information:
- Name: ________________________________
- Address: ________________________________
- City: ________________________________
- State: ________________________________
- Zip Code: ________________________________
Powers Granted:
The Principal grants the Agent the authority to act on their behalf in the following matters:
- Real estate transactions
- Banking transactions
- Business operations
- Legal claims and litigation
- Tax matters
This Power of Attorney shall remain in effect until revoked by the Principal.
Effective Date:
This Durable Power of Attorney shall become effective on: ___________________
Signature of Principal:
_______________________________ Date: ________________
Witnesses:
- Witness 1: ___________________________ Signature: ______________________
- Witness 2: ___________________________ Signature: ______________________
This document must be signed in the presence of two witnesses who are not the Agent.
Remember to have this document notarized for additional legal validity.