A Pennsylvania Power of Attorney is a type of legal document that allows someone to appoint another as their stand-in for various types of decisions. You make decisions every day that affect different aspects of your life, including health care decisions, what you are going to spend money on, whether your child can go on a field trip or not. Now imagine that you are not around or are otherwise unable to make these important everyday decisions. A POA can allow you to plan for such an eventuality by allowing you to legally appoint another to make those decisions for you.
Durable Power of Attorney – Using this form, a person may plan to have a friend or relative available to make financial decisions on his or her behalf. This form can go into effect upon a person’s incapacity and it will remain in effect thereafter.
General Power of Attorney – Using this form a person may appoint a friend or relative to handle his or her financial affairs, however, unlike the durable type, it becomes void if the person creating the document becomes incapacitated.
Limited Power of Attorney – Using his form, a person who needs someone for a short-term or limited assignment, can appoint someone to stand in their place, just for that one assignment.
Health Care Power of Attorney – Using this form a person can appoint another to work with their health care providers to make medical decisions on their behalf in the event they are unable to do so.
Minor Child Power of Attorney – Using this form, a person can convey authority to another to be the temporary caretaker of their minor child(ren) and make decisions on the children’s behalf.
Revocation of Power of Attorney – Using this form, you can revoke a power of attorney that you may have signed in the past.
Tax Power of Attorney Form – Using this you can appoint another, usually a tax professional, to handle tax filings and other matters in front of the Pennsylvania Department of Revenue.
Vehicle Power of Attorney – Using this form, a person can appoint another to handle matters with the Department of Transportation in Pennsylvania as it relates to titling and registering vehicles.
How to Write
1 – Download The Paperwork To Appoint A Principal Agent With Principal Authority
The State of Pennsylvania will allow an individual (Principal) to delegate his or her Authority (Principal Power) to another person (Principal Agent/Attorney-in-Fact) so that he or she may act on behalf of the Principal with the same Authority.This will require some definition and must remain in compliance with Pennsylvania statutes governing such situations (20 PA.C.S. CH. 56). You may download the document on this page as a PDF, ODT, or Word file to satisfy this requirement for delegating Principal Power in Pennsylvania.
2 – The First Page Is a Principal Notice That Must Be Acknowledged By The Principal
As mentioned earlier, the State of Pennsylvania has a few statutes to protect both the Principal and the Attorney-in-Fact that must be observed. Some valuable information regarding this document and the law will be supplied on the first page of this document. This must be read and comprehended by the Principal. To verify the Principal has reviewed and understands this information, he or she must provide a Signature, his or her Printed Name, and the Date of this Signature using the three blank lines at the bottom of the page
3 – Tend To The Introduction By Satisfying A Request For Information
The appointment will begin with the paragraph below the bold words “The Powers You Grant Below Are Effective Even If You Become Disabled Or Incompetent.” Use the first blank space below these words to document the Full Name of the Principal as he or she is legally known by government entities (i.e. as presented on his or her Driver’s License, Birth Certificate, and Taxes). If the Principal has changed his or her Name, use the current Legal Name on his or her I.D.The second available line here requires the Full Name of the Attorney-in-Fact recorded on it.
4 – The Definition Of Principal Power Must Be Well Documented With Principal Approval
As a security measure for the Principal, he or she should think about how to define the Decisions and Actions the Principal Agent will be able to conduct in the Principal’s Name. Afterall, an Attorney-in-Fact will be able to act as if he or she were the Principal in Principal Affairs with third parties. Thus, a list of what Powers the Principal wishes to delegate to the Agent has been supplied below the word “Initial.” The Attorney-in-Fact cannot perform any actions in this list the Principal has not directly authorized by the Principal Act of initialing. The Principal should take an in-depth look at this list. Then, when he or she has determined how the Attorney-in-Fact may behave with Principal Authority, initial each paragraph with the wording that should be included in this definition.
The Principal Agent will be able to conduct a variety of “Real Property Transactions” as defined by Paragraph “(A) Real Property Transactions.” Examples of such transactions would be to mortgage or sell Real Estate Property using the Principal’s Name.The same type of actions can also be approved with the Principal’s Tangible Personal Property. If the Principal Agent should have the Authority to represent the Principal’s interests by performing such actions as buying or selling the Principal’s Tangible Personal Property, then “(B) Tangible Personal Property Transactions” should be initialed.If the Principal initials “(C) Stock And Bond Transactions,” he or she will be approving the Principal Agent actions of controlling the Principal’s stocks, bonds, securities, etc. in his or her Name.The next description will deal with the Principal’s Commodities and Options. The Principal can deliver the Authority to make a variety of decisions with his or her Commodities and Options by initialing “(D) Commodity And Option Transactions” If the Principal desires the Principal Agent to have the Power to perform Banking Transactions with Financial Institutions (including Banks) with the Principal Authority to do so, then he or she should initial the blank line corresponding to “(E) Banking And Other Financial Institution Transactions.”The Principal will deliver the ability to engage in Business Ventures (regardless of nature so long as it is legal) using the Principal’s Name and Authority to the Principal Agent, once he or she initials “(F) Business Operating Transactions.”If the Principal Agent should have the Authority to conduct Insurance/Annuity Transactions on behalf of the Principal, the Principal will need to initial “(G) Insurance And Annuity Transactions.” Note: This excludes the ability to designate himself or herself as a beneficiary to such policies.The Principal Agent can wield his or her Principal AUthority to represent the Principal in Estate, Trust, and Beficiary Transactions in general (except certain actions such as changing a will or amending a trust), if the Principal initials the blank line that precedes “(H) Estate, Trust, And Other Beneficiary Transactions.”
The Principal can have the Agent act with Principal Authority regarding any “(I) Claims And Litigation” he or she is involved with (i.e. Arbitration, Reckoning, etc.) or can be involved with by initialing the blank line associated with this statement.
If its been determined by the Principal that his or her Agent (named above) should be able to perform “Personal And Family Maintenance” (such as hiring accountants, physicians, etc.) then the Principal must locate the blank line preceding the letter J and initial his or her Name. The Principal’s Social Security, Medicare, Medicaid, and other Government Benefits can be decided upon, acted upon, and applied to (amongst other actions) by the Principal Agent in the Principal’s Name if the Principal initials Paragraph K.
The Principal can appoint his or her Principal Agent with the Authority to engage in a variety of “Retirement Plan Transactions” in his or her Name by initialing Paragraph L.
The Principal’s Tax Matters can be placed in the control of the Agent’s Authority through the act of initialing “(M) Tax Matters” with the understanding that Tax Entities will have their own requirements which must be fulfilled in addition to this paperwork’s execution.
In some cases, all of the above Principal Decisions and Actions should be considered within the Principal Agent’s scope of Principal AUthority. If so, the Principal can deliver his or her Approval to all actions by simply initialing “(N) All Of The Powers Listed Above.” It should be noted, the Principal should not initial some of the items in this list plus this one. That would create a conflict that may invalidate this document. The Principal may initial some of these items but not this one, all of these items but not this one, or only this item and no other.
5 – A Few Optional Definitions Can Be Included At The Principal’s Discretion
The next area of this paperwork is labeled “Special Instructions.” The blank lines here should be used specifically to deliver any additional instructions, limitations, restrictions, conditions, extensions, additions, or time frames that should apply to this paperwork and the use of the Principal Authority. The Principal can virtually define any directive he or she believes should apply so long as it is legal using this section. If there are no additional Principal instructions this area may be left blank or you may print the word “None” in it.Next, there will be a few statements, each below a label in bold words “Authority To Delegate,” “Right To Compensation” and “Successor Agent.” If the Principal does not wish the Agent to delegate the delivered Powers to additional parties then, he or she should cross out the “Authority To Delegate Statement.” Similarly, if the Principal Agent should not be able to seek Compensation using Principal Authority, then remove or cross out the “Right To Compensation” statement.If the Principal desires to name one or more Successor Agents who can assume Principal Power when the Agent above them is unable or unwilling to, then each such Agent’s Full Name, Address, and Telephone Number should be recorded on the blank lines supplied in the “Successor Agent” paragraph. Only one of these entities may wield Principal Power at a time and only if the Principal Agent can or will not. Thus, if more than one Successor Agent is being named in this section, list their information in the order you wish to assign Power in.
6 – The Combined Signatures Of THe Principal, Two Witnesses, a Notary Public, And The Principal Agent Will Execute This Paperwork
Locate the last area of this appointment template (just below the “Choice Of Law” paragraph). Below this paragraph will be a set of lines after the words “Signed This…” The Principal should use this statement to record the exact Date when he or she signs this form. Immediately after reporting this date the Principal should sign his or her Name on the “Your Signature” line.
The “Statement Of Witness” section has been provided for the benefit of satisfying the Witness requirement. That is, two Witnesses must observe the Principal signing. Enough space has been furnished for the “Statement Of Witness” section for two Witnesses to have a unique area to supply their Signatures, Printed Name, and Address. Each Witness must supply these items upon observing the Principal Signing.The “Certificate Of Acknowledgment Of Notary Public” will be completed by the Notary Public present at the Principal Signing and cannot be completed by any other entity.
Now let us turn our attention to the “Acknowledgement Executed By Agent” make sure the Principal Agent’s Name is filled onto the blank line labeled “Name Of Agent” in the first paragraph. The Principal Agent will need to sign his or her Name on the “Agent’s Signature” line, print his or her Name on the “Agent’s Printed Name” line, and enter the Signature Date on the line labeled “Date.”
If this paperwork was prepared by someone other than the Principal, he or she must self-report in the “Preparation Statement” by recording his or her Printed Name then signing the “Signature” line.