Power Of Attorney: Protecting Your Interests When You Can’t
In my over 30 years of practice, I’ve seen countless families in Bloomsburg and across Columbia County face avoidable crises because they lacked a simple, yet powerful document: a power of attorney (POA). Since I opened my firm in 2001, my approach has remained the same: I provide the blunt, honest advice you need to hear, not just what you want to hear. The truth is, waiting until a crisis hits to think about a POA is often waiting too long.
Why A Power Of Attorney Is Essential
A power of attorney is a legal tool that allows you to designate a person you trust to manage your affairs. While often associated with estate planning for the elderly, these documents are extremely useful to have for any adult.
They make life significantly easier by ensuring your bills are paid and your medical wishes are honored when you are unable to do so yourself. For specific transactions like real estate closings, Pennsylvania title companies typically require a specific power of attorney that identifies the exact property involved.
Key Types Of POA Documents
- Durable power of attorney: This covers financial matters and remains in effect even if you become mentally incapacitated.
- Medical power of attorney: This ensures a trusted individual can make healthcare decisions on your behalf if you cannot communicate them yourself.
Without these documents in place, your family may be forced to petition a judge for guardianship, a process that is public, expensive, and emotionally draining. I know what it takes to get in front of a judge, but I’d much rather help you avoid that necessity through proactive planning.
Frequently Asked Questions
A power of attorney is one of the most versatile tools in your legal toolkit. Here is the straightforward reality of how they work under Pennsylvania law.
What types of power of attorney are available in Pennsylvania?
In Pennsylvania, you can execute a general POA for broad financial authority, a limited or special POA for specific tasks (like selling a house), or a healthcare POA for medical decisions. In Pennsylvania, a power of attorney is legally presumed to be durable (meaning it survives your incapacity) unless the document explicitly states it terminates upon disability.
When does a power of attorney take effect and when does it end in PA?
While springing POAs are a theoretical option, they often cause significant delays in PA; most practitioners now recommend an immediately effective durable POA to ensure seamless transitions. In Pennsylvania, all POAs expire upon the death of the principal. At that point, the authority to manage the estate shifts to the executor named in your last will and testament.
Can I revoke or change a power of attorney after I sign it?
Yes. To revoke a POA, you must communicate your intent to the agent; if the POA was recorded for real estate purposes, the revocation must also be recorded in the Office of the Recorder of Deeds.
Contact
To schedule a consultation to discuss drafting a power of attorney, call my Bloomsburg office at 570-284-3088. You can also reach me using my online contact form.