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. 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. 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. They should also be someone that the Principal has full confidence in. Lastly, the Agent must be a legal adult or a financial institution with trust powers, a registered place of business within the state and that has the authority to carry out trust business in Pennsylvania. This Act (§ 5601)allows you to use your Power of Attorney in other states that have also adopted the UPOAA.Įnsure the legal terms on your document also follows the guidelines of the act. In 2014, Pennsylvania adopted the Universal Power of Attorney Act (UPOAA). Understand the powers that are being granted. This means that they must:īe mentally competent enough to enter into a contractual agreement. In addition to these steps, it is crucial that all the signing parties are legally able to enter into this agreement. In the event that the POA will be used to manage real estate, the document must be filed with the clerk of the county where the property is located 30 days after signing. It is essential that the signing of the document is viewed by 2 witnesses who must also sign the form.Ī notary public must also be present at the signing to notarize the document, and must sign it too. The completed form should be signed by both the Agent and Principal.Įnsure the sign and date of the notice and acknowledgment executed by the agent provided in 5601-C and 5601-D.ĭetail the date of start and end of powers. Make sure all the details on the form are correct such as names, addresses, dates, and the powers that are to be granted. To do this you will need to meet the following criteria: In order to make sure your POA is fully valid upon completion and signing, you must make sure that you follow the right steps and requirements for a Pennsylvania Power of Attorney document before successfully putting it into action. This could be for work reasons, deployment in the military, or due to an illness. Minor Child Power of Attorney: This variety of Power of Attorney allows a Principal to appoint an Agent to take on their legal parental rights for a limited period of time. Real Estate: Real Estate POAs are specially tailored documents that let Principals grant powers to an Agent for the purposes of managing real estate. Medical Power of Attorney is a durable form of POA that allows a Principal to appoint a person to make medical decisions for them if they become incapacitated This is usually to allow the Agent to complete a one-off task such as signing a contract. They allow the Agent to act for the Principal even if they become incapacitated.Ī Limited Power of Attorney allows a Principal to grant time-limited powers to an Agent. The most common variants include the following examples:ĭurable Power of Attorney documents are invaluable tools for individuals planning how their estate will be managed in their old age, or in the event of sudden illness or disability. There are many types of POA that can be used in Pennsylvania to appoint an Agent (or Attorney-in-Fact) to make decisions and to manage essential financial and/or medical responsibilities for a principal.
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