How to Establish a Durable Power of Attorney in Pennsylvania

How to Establish a Durable Power of Attorney in Pennsylvania

How to Establish a Durable Power of Attorney in Pennsylvania

A Durable Power of Attorney (DPOA) is a crucial legal document that allows you to designate someone to manage your financial or health care affairs in the event you become incapacitated. Establishing a DPOA in Pennsylvania can provide peace of mind, ensuring that your wishes are honored even when you cannot communicate them. Here’s a step-by-step guide on how to create a durable power of attorney in Pennsylvania.

1. Understand the Different Types of Powers of Attorney

Before drafting a DPOA, it’s essential to understand the different types available:

  • General Power of Attorney: Provides broad authority to the agent to make decisions on your behalf.
  • Limited Power of Attorney: Restricts the agent's authority to specific tasks or situations.
  • Durable Power of Attorney: Remains effective even if you become incapacitated, making it the most suitable choice for long-term planning.

2. Determine Your Agent

Your agent (also known as an attorney-in-fact) must be someone you trust to act in your best interests. Consider appointing a family member, close friend, or a professional such as an attorney or financial advisor. Pennsylvania law does not mandate that the agent be a resident of the state, but it is advantageous if they are familiar with your personal and financial circumstances.

3. Draft the Durable Power of Attorney Document

The DPOA must be in writing and comply with Pennsylvania's statutory requirements. You can choose to draft one yourself or seek assistance from an attorney. Key components of the document include:

  • Principal’s Information: Include your full name, address, and other identifying information.
  • Agent’s Information: Include full details about your chosen agent.
  • Specific Powers Granted: Clearly outline the financial or medical decisions you are permitting your agent to make.
  • Durability Clause: A statement indicating that the power of attorney will remain effective despite the principal’s incapacity.

4. Sign the Durable Power of Attorney

To execute the DPOA, you must sign the document in the presence of a notary public. As of 2020, Pennsylvania allows for remote notarization, making it easier to notarize your documents. Be sure the notary includes their signature and stamp on the DPOA.

5. Distribute Copies

After the durable power of attorney is executed, distribute copies to your agent, your healthcare providers, your bank, and any other relevant institutions. It’s a good idea to keep the original document in a safe location and inform your agent where it can be found.

6. Review and Update Regularly

Life circumstances can change, making it essential to review and update your DPOA regularly. Ensure that your agent is still someone you trust and that the powers granted reflect your current wishes. If you choose to revoke a DPOA, notify your agent in writing, and file the revocation with any entities that have your previous DPOA on file.

Conclusion

Establishing a Durable Power of Attorney in Pennsylvania is a proactive step in managing your future care and financial decisions. By understanding the process, selecting a trustworthy agent, and keeping your documents updated, you ensure your wishes are respected and safeguarded, providing you with the security and peace of mind you deserve.