How to Get Power of Attorney in Pennsylvania

By David Carnes

A power of attorney allows one person, known as the principal, to delegate to an agent the right to perform legal acts on her behalf. Such acts might include signing contracts, paying bills, consenting to medical treatment or even authorizing the withdrawal of life support in cases of terminal illness. If you have an aging loved one, you may need to get power of attorney so you can act on that person's behalf should she become incapacitated. Power of attorney is governed by state law, and Pennsylvania's power of attorney law is found in Title 20, Chapter 56 of the Pennsylvania Consolidated Statutes. Pennsylvania requires a power of attorney to be put into writing.

Step 1

Sit down with the competent principal who wants to name you as her agent, to draw up the power. Entitle the document "Power of Attorney" to leave no doubt as to its purpose.

Step 2

Add the statutory notice that appears in Title 20, Section 5601(c) of the Pennsylvania Consolidated Statutes. This notice must be printed in all capital letters and must be placed at the beginning of the document. The notice explains your powers and duties as agent. Inclusion of the notice is unnecessary if the your authority is limited to health care decision making.

Ready to appoint a power of attorney? Get Started Now

Step 3

Identify the principal and you, as the agent, by full legal names and addresses and state that the principal hereby grants power of attorney to the agent to perform the legal acts listed in the document. Although the agent is sometimes referred to as the "attorney-in-fact," you don't have to be an attorney to serve as agent. You can also share the duties with a co-agent.

Step 4

Discuss with the principal the specific legal acts that she wants to give you authority to perform on her behalf and specify them in the document. Although it is possible for the principal to authorize you to perform any legal act that she is entitled to perform, such a broad grant of authority is seldom used.

Step 5

State the beginning and ending dates of your authority, if any, as discussed with the principal. If you don't list beginning and ending dates, your authority will begin as soon as the document is signed and will endure until the principal dies or revokes your authority. If the principal so desires, you may draft the document to state that your authority begins only when the principal is mentally incompetent or unable to communicate and ends whenever she regains these abilities.

Step 6

Add the statutory language set forth in Title 20, Section 5601(d) of the Pennsylvania Consolidated Statutes. This language constitutes your acceptance of the appointment and explains your fiduciary duties toward the principal. Inclusion of this language is unnecessary if your authority is limited to health care decision making.

Step 7

Sign and date the power of attorney and have the principal do the same. You don't have to sign or date it if your authority is limited to health care decision making. If the principal is unable to sign the document, she may authorize a third party, who is not the agent, to sign on her behalf. In this case, two people at least 18 years of age must witness the signing.

Ready to appoint a power of attorney? Get Started Now
When Does a Power of Attorney Expire?
 

References

Related articles

How to Create Power of Attorney Forms

A power of attorney is a legal document that authorizes another person to act on your behalf in certain specified situations. State law governs the creation and validity of power of attorney forms. These forms oversee the agency relationship between the principal, who is the person who created the power of attorney, and the agent or attorney-in-fact, who is the person receiving authority to do something in the power of attorney. Powers of attorney can authorize a variety of decision-making powers -- such as financial or health care decisions or decisions that affect your children -- in the event that you become unable to make such decisions.

Can the Power of Attorney Add Signers to Bank Accounts?

You may use a financial power of attorney to grant a trusted agent authority to act in your place in financial matters. The terms of this legal document describe the extent of the authority it confers. While a general form would allow your agent to add signatories to your bank accounts, you can tailor the authority as you wish.

How to Appoint a Power of Attorney

A power of attorney allows one person to act on behalf of another person in various matters, including health or finances. You may give another person, known as your agent or attorney-in-fact, power of attorney as long as you're mentally competent. You must draft a power of attorney document that meets the legal requirements in your state in order to give your agent authority.

Related articles

Power of Attorney in Nevada

You may wish to complete and sign a power of attorney if you would like someone else to have the power to act on your ...

How to Obtain Power of Attorney in MA

A power of attorney is an instrument signed by one person, known as the principal, authorizing another, known as the ...

How to Obtain Power of Attorney in the State of Ohio

A power of attorney in Ohio allows you, as an attorney-in-fact, to act for another person, your principal. The ...

How to Obtain Power of Attorney in Indiana

A power of attorney is a powerful legal device that allows a person, known as the principal, to delegate the power to ...

Browse by category
Ready to Begin? GET STARTED