Sample Pennsylvania Power of Attorney
What is a Pennsylvania Power of Attorney?
Wouldn’t you want to have someone trustworthy and of sound mind to make the tough calls about your affairs if you are incapacitated or disabled? While it feels natural to expect your family or best friend to make the best choices, that is hardly the case. In fact, you may find that it is advisable to hire a third party, with no familial ties to you to make the hard decisions when the time comes.
So, what do you need to ensure that the right person has power over your health or estate? Well, you need to a power of attorney – a legal instrument that helps you hand over power to another individual. The state of Pennsylvania has set strict guidelines which ensure that the person controlling your estate does what’s best for you.
Under the statutory laws, powers of attorney, also called the letter of attorney, letter of authorization, letter or authority, proxy, or legal mandate is a legal instrument that contains explicit powers for one party to represent you, the principal, if you are incapacitated or disabled. The representative of the principal is an agent or an attorney-in-fact. The letter of authority should be signed and notarized by licensed parties.
If the letter of authorization has no information on succession, then the letter will cease to be used as a power point if the appointed attorney-in-fact dies.
Like other states, you will have to fill a power of attorney form at some point when authorizing someone else to manage your affairs.
And, you may have stringing or non-stringing powers of attorney.
The Difference Between Stringing and Non-Stringing Powers of Attorney
If the powers granted under the letter of authorization allow for immediate implementation, meaning that the attorney-in-fact takes control over your affairs immediately after signing and notarizing the document, you’ll have a non-stringing legal mandate.
On the other hand (and in almost all cases), when you have the legal document signed and notarized, but only grant power to the agent when incapacitated, then that letter of authority is stringing – it strings the attorney-in-fact.
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Types of Powers of Attorney
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Durable Power of Attorney/ Health Care Power of Attorney
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Wouldn’t you want to hand over all affairs relating to your health care to a trustworthy party? Someone you literally trust with your life? Well, you will need a durable letter of authorization. As you fill in the free power of attorney form in Pennsylvania, note that the state will not find your physician liable if they act in good faith while relying on the implied powers under the signed and notarized document.
It’s noted that health care letter of authority is commonly used by the elderly, especially the ones with chronic illnesses though the principal should be able to grant the powers before the necessity of the document arises.
Note that the durable powers of attorney refer to validity of the legal document after a principal is disabled or incapacitated. Once incapacitated, non-durable powers are invalid.
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Validity of this document depends on the document being:
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In writing
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Signed by two witnesses
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Notarized
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Presumption of it being durable
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This document grants authority to the agent over admission of the principal to a medical facility, as well as consenting and authorizing surgical and medical procedures, including the administration of drugs.
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Pennsylvania Advance Directive For Health Care Law
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This is a health care letter of authority often referred to as a declaration. The declaration being a written document that becomes valid through the voluntary execution of the document by a declarant within the limitations of the law.
This document gives authority over life-sustaining treatments, directions in the event of permanent unconsciousness, and terminal conditions.
For the execution of this declaration, you need an agent of sound mind and above 18 years. The individual should have graduated from high school or married. The agent will issue a declaration that governs initiation, the continuation, any procedures for withholding or the withdrawal of life supporting treatments.
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For execution, there should be a witness, other than the agent. The revocation of the declaration happens at any time and in according to the wishes of the declarant.
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Pennsylvania Limited Power of Attorney Law
If you need to give your agent specific orders to be implemented if you are incapacitated, you’ll need this document. As you fill your free Pennsylvania power of attorney form, note that this document is only executable when you have specific matters better handled by an agent when you are unavailable
To revoke the powers given to the attorney-in-fact, you (the principal) will have to issue a written revocation notice to the attorney-in-fact, as well as the third parties affected by the authority granted to the attorney-in-fact.
Whether you live in Philadelphia, Allentown, Pittsburgh, Erie, Scranton, Reading, Bethlehem or any other city of Pennsylvania, you can use our power of attorney forms easily. Fill out the form above to get started.
Sample
PA Power of Attorney
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