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What is a Pennsylvania Power of Attorney?

A Pennsylvania Power of Attorney (PoA) is a legal document that grants a trusted individual permission to handle legal and financial affairs for you, such as accessing accounts, buying or selling real estate, and signing contracts. 
 
The individual granting permission is known as the "principal," and the people or organizations gaining powers are called the "agents" or "attorneys-in-fact. Suitable for Pennsylvania residents, this Power of Attorney is made for use in Montgomery County, Philadelphia County, Allegheny County, and in every other county in the state. All Pennsylvania Power of Attorney forms from Rocket Lawyer can be edited for your particular circumstances. As a result of having this official document, your representative(s) will be able to provide confirmation to financial institutions and other parties that they can sign documents or take other actions for you when you are not present or able.

When to use a Pennsylvania Power of Attorney:

  • You wish to give someone broad authorization to act for you if you are absent or incapable.
  • You wish to give someone power to handle certain financial or legal issues in your absence or if you become ill.
  • You wish to authorize someone to act on your behalf if case you become legally incompetent or incapacitated.

Sample Pennsylvania Power of Attorney

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THE POWERS YOU GRANT BELOW ARE EFFECTIVE

EVEN IF YOU BECOME DISABLED OR INCOMPETENT

 

NOTICE

 

THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE PERSON YOU DESIGNATE (YOUR "AGENT") BROAD POWERS TO HANDLE YOUR PROPERTY, WHICH MAY INCLUDE POWERS TO SELL OR OTHERWISE DISPOSE OF ANY REAL OR PERSONAL PROPERTY WITHOUT ADVANCE NOTICE TO YOU OR APPROVAL BY YOU.

 

THIS POWER OF ATTORNEY DOES NOT IMPOSE A DUTY ON YOUR AGENT TO EXERCISE GRANTED POWERS, BUT, WHEN POWERS ARE EXERCISED, YOUR AGENT MUST USE DUE CARE TO ACT FOR YOUR BENEFIT AND IN ACCORDANCE WITH THIS POWER OF ATTORNEY.

 

YOUR AGENT MAY EXERCISE THE POWERS GIVEN HERE THROUGHOUT YOUR LIFETIME, EVEN AFTER YOU BECOME INCAPACITATED, UNLESS YOU EXPRESSLY LIMIT THE DURATION OF THESE POWERS OR YOU REVOKE THESE POWERS OR A COURT ACTING ON YOUR BEHALF TERMINATES YOUR AGENT'S AUTHORITY.

 

YOUR AGENT MUST ACT IN ACCORDANCE WITH YOUR REASONABLE EXPECTATIONS TO THE EXTENT ACTUALLY KNOWN BY YOUR AGENT AND, OTHERWISE, IN YOUR BEST INTEREST, ACT IN GOOD FAITH AND ACT ONLY WITHIN THE SCOPE OF AUTHORITY GRANTED BY YOU IN THE POWER OF ATTORNEY.

 

THE LAW PERMITS YOU, IF YOU CHOOSE, TO GRANT BROAD AUTHORITY TO AN AGENT UNDER POWER OF ATTORNEY, INCLUDING THE ABILITY TO GIVE AWAY ALL OF YOUR PROPERTY WHILE YOU ARE ALIVE OR TO SUBSTANTIALLY CHANGE HOW YOUR PROPERTY IS DISTRIBUTED AT YOUR DEATH. BEFORE SIGNING THIS DOCUMENT, YOU SHOULD SEEK THE ADVICE OF AN ATTORNEY AT LAW TO MAKE SURE YOU UNDERSTAND IT.

 

A COURT CAN TAKE AWAY THE POWERS OF YOUR AGENT IF IT FINDS YOUR AGENT IS NOT ACTING PROPERLY.

 

THE POWERS AND DUTIES OF AN AGENT UNDER A POWER OF ATTORNEY ARE EXPLAINED MORE FULLY IN 20 PA.C.S. CH. 56.

 

IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER OF YOUR OWN CHOOSING TO EXPLAIN IT TO YOU.

 

I HAVE READ OR HAD EXPLAINED TO ME THIS NOTICE AND I UNDERSTAND ITS CONTENTS.

 

 

 

_________________________________   __________________________

  Date

 

 

I, , residing at , , , hereby appoint Each Agent may act independently, without the consent of the other Agent. The Agents must act jointly, with each other's consent.

 

or if we become legally separated or divorced, If either Agent is unable to serve for any reason, the other Agent shall serve alone. If either Agent is unable to serve for any reason, I appoint , of , , , as a Successor Co-Agent to serve jointly with the remaining Agent, with the same powers and discretions. If either Agent is unable to serve for any reason or if we become legally separated or divorced, I appoint , of , , as my Successor Agent to serve alone.If both Agents are unable to serve (either together or independently) I appoint , , , to act as my Alternate Successor Agent to serve alone.

I hereby revoke any and all general powers of attorney that previously have been signed by me. I hereby revoke any and all special powers of attorney that previously have been signed by me. I hereby revoke any and all general powers of attorney and special powers of attorney that previously have been signed by me. However, the preceding sentence shall not have the effect of revoking any powers of attorney that are directly related to my healthcare that previously have been signed by me.

TO GRANT ANY OF THE FOLLOWING POWERS, INITIAL THE LINE IN FRONT OF EACH POWER YOU ARE GRANTING.

 

INITIAL

 

 

  ________ - To create, amend, revoke or terminate an inter vivos trust other than as listed above and as permitted under section 20 Pa.C.S.A. § 5602(a)(2), (3) and (7)

  ________ - To create or change rights of survivorship

  ________ - To create or change a beneficiary designation

  ________ - To waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan

  ________ - To exercise fiduciary powers that the principal has authority to delegate

  ________ - To disclaim property, including a power of appointment

THIS POWER OF ATTORNEY IS EFFECTIVE IMMEDIATELY AND WILL CONTINUE UNTIL IT IS REVOKED.

 

(YOUR AGENT WILL HAVE AUTHORITY TO EMPLOY OTHER PERSONS AS NECESSARY TO ENABLE THE AGENT TO PROPERLY EXERCISE THE POWERS GRANTED IN THIS FORM, BUT YOUR AGENT WILL HAVE TO MAKE ALL DISCRETIONARY DECISIONS. IF YOU WANT TO GIVE YOUR AGENT THE RIGHT TO DELEGATE DISCRETIONARY DECISION MAKING POWERS TO OTHERS, INITIAL BELOW.)

 

(YOUR AGENT WILL BE ENTITLED TO REIMBURSEMENT FOR ALL REASONABLE EXPENSES INCURRED IN ACTING UNDER THIS POWER OF ATTORNEY.)

 

Right to Compensation

 

Choice of Law

THIS POWER OF ATTORNEY WILL BE GOVERNED BY THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA WITHOUT REGARD FOR CONFLICTS OF LAWS PRINCIPLES. IT WAS EXECUTED IN THE COMMONWEALTH OF PENNSYLVANIA AND IS INTENDED TO BE VALID IN ALL JURISDICTIONS OF THE UNITED STATES OF AMERICA AND ALL FOREIGN NATIONS.

 

This Power of Attorney shall continue to be effective until or until I lack sufficient mental competence to understand and handle my financial and personal affairs or until I lack sufficient mental competence to understand and handle my financial and personal affairs.

 

I am fully informed as to all the contents of this form and understand the full import of this grant of powers to my Agent.

 

I agree that any third party who receives a copy of this document may act under it. Revocation of the power of attorney is not effective as to a third party until the third party learns of the revocation. I agree to indemnify the third party for any claims that arise against the third party because of reliance on this power of attorney.

 

Dated ____________________, ______, at , .

 

 

__________________________________

 

 

Witness Signature: ___________________________________

Name:

City:

State:

 

 

Witness Signature: ___________________________________

Name:

City:

State:

 

 ,

COUNTY OF , ss:

 

On this _____ day of ____________________, ______, before me, ________________________________, personally appeared , known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he/she executed the same as for the purposes therein contained.

 

In witness whereof, I hereunto set my hand and official seal.

 

_________________________________

Notary Public

 

My Commission expires _____________

 

Notary Address:

_________________________________

_________________________________

_________________________________

_________________________________

 

WITNESS ATTESTATION

 

The foregoing power of attorney was, on the date written above, published and declared by in our presence to be his/her power of attorney. We, in his/her presence and at his/her request, and in the presence of each other, have attested to the same and have signed our names as attesting witnesses.

 

___________________________________

,

 

 

___________________________________

,

 

Acknowledgment by Agent

 

 

shall act in accordance with the Principal's reasonable expectations to the extent actually known by and, otherwise, in the Principal's best interest, act in good faith and act only within the scope of authority granted to by the Principal in the Power of Attorney.

 

 

 

 

______________________________________   ___________________

  Date

 

 

I shall act in accordance with the Principal's reasonable expectations to the extent actually known by me and, otherwise, in the Principal's best interest, act in good faith and act only within the scope of authority granted to me by the Principal in the Power of Attorney.

Preparation Statement

 

This document was prepared by the following individual:

 

 

________________________________________________

 

 

General Special Durable

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Pennsylvania Power of Attorney FAQs

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  • How do I get power of attorney in PA?

    It's very simple to give or receive the support you need with a free Pennsylvania Power of Attorney template from Rocket Lawyer:

    1. Make your PoA - Answer a few simple questions and we will do the rest
    2. Send or share - Go over it with your agent or ask a lawyer
    3. Sign and make it legal - Required or not, witnesses and notarization are ideal

    This solution, in most cases, will be much less expensive and less time-consuming than hiring and working with a traditional lawyer. If needed, you can fill out this PoA on behalf of your spouse, an elderly parent, or another relative, and then have them sign after you've drafted it. Keep in mind that for a Power of Attorney to be legally valid, the principal must be mentally competent when they sign. If the principal is already incapacitated and unable to make their own decisions, a conservatorship generally will be required. When facing such a scenario, it's best to speak with an attorney .

  • Who should have a Pennsylvania PoA?

    Anyone who is over 18 years old ought to have a Power of Attorney. Even though it can be tough to think about, a time may come when you can no longer deal with your affairs by yourself. There will even be moments when you are merely out of pocket. Here are a few common occasions where power of attorney can be helpful:

    • You have plans to live or travel out of state temporarily or permanently
    • You are aging or dealing with ongoing health issues or limited mobility
    • You have plans to move out of your home and into an adult care facility
    • You would like to grant a trusted person the ability to manage certain legal or financial issues in your absence or if you are unwell

    Regardless of whether your Pennsylvania Power of Attorney has been produced as a result of an unexpected emergency or as part of a forward-looking plan, notarization and witnesses are highly encouraged for protecting your document if a third party disputes its authority.

  • Which type of Power of Attorney do I need in Pennsylvania?

    There are several ways to categorize PoA documents. They are primarily based on how long the powers are in effect, when they come into effect, and what they grant authority over. Frequently, you may see them organized into four groups:

    • General Power of Attorney - Would grant broad authority over your affairs
    • Special Power of Attorney - Would grant limited powers over selected affairs
    • Durable Power of Attorney - Would remain in effect even when you become mentally incompetent or incapacitated
    • Springing Power of Attorney - Would come into effect based on certain criteria

    When drafting your free Pennsylvania Power of Attorney with Rocket Lawyer, you may elect to have the authority begin immediately, on a selected date, or only when you're no longer capable. Your Power of Attorney can expire on a particular date or upon your death.

  • Do I need to hire an attorney to review my Pennsylvania PoA?

    Pennsylvania Power of Attorney forms are typically simple to make; however, you may still have legal questions. Having an attorney review the document might take longer than you'd expect if you try to do it on your own. Another approach worth consideration is to get help via Rocket Lawyer attorney services. Rocket Lawyer members are able to request advice from an Rocket Lawyer network attorney with relevant experience or get answers to additional legal questions. As always, you can Live Confidently® with Rocket Lawyer by your side.

  • What does it typically cost to get a Power of Attorney form in Pennsylvania?

    The fees associated with hiring a lawyer to write a Power of Attorney might total between $200 and $500, based on your location. Rocket Lawyer is not your average Power of Attorney template website. With our service, anyone under a Rocket Lawyer Premium membership can take advantage of up to a 40% discount when hiring an attorney from our network.

  • Am I required to do anything else after drafting a Pennsylvania Power of Attorney?

    When you're finished creating the document on Rocket Lawyer, you will be able to view it wherever and whenever you choose. You also can try any or all of the following actions related to your document: making edits, printing it out, and signing it. Your Power of Attorney will come with its own series of instructions on what is next after your document is finished. You should make sure that your agent(s), financial institutions, and other impacted parties get a copy of the fully executed document.

  • Does a Power of Attorney need to be notarized, witnessed, and/or recorded in Pennsylvania?

    The requirements for PoA forms vary in each state; however, in Pennsylvania, your Power of Attorney will require the signatures of two witnesses and a notary public. If your agent(s) will have the ability to manage real estate transactions, the Power of Attorney will need to be acknowledged by a notary public and recorded with the county. Finally, as a general principle, witnesses must be over 18 years old, and no witness should also be acting as your PoA agent.

    See Pennsylvania Power of Attorney law: Title 20, Ch. 56

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