Power of Attorney Attorney in Pennsylvania
At Chadwick Estate Law, we help clients across Philadelphia, Delaware, Chester, and Montgomery Counties prepare financial powers of attorney (POA)—essential documents that allow you to appoint a trusted agent to manage your financial matters if you cannot. Whether due to accident, illness, or aging, a POA ensures your affairs are handled smoothly and according to your wishes.
Why You Need a Financial Power of Attorney
Life is unpredictable. Without a POA, your family may be forced to petition the court for guardianship, a costly and time-consuming process. A properly executed POA ensures:
Continuity: Your bills, taxes, and investments are managed without interruption.
Control: You choose your agent—not the court.
Protection: Avoids unnecessary guardianship proceedings.
Family harmony: Reduces disputes by clearly delegating authority.
Pennsylvania law presumes POAs are durable unless otherwise stated (20 Pa.C.S. § 5604), meaning they remain effective even if you become incapacitated.
Types of Powers of Attorney in Pennsylvania
General Power of Attorney – Grants broad authority over finances and legal matters. Ends upon incapacity unless made durable.
Limited (Special) Power of Attorney – Authorizes the agent for a specific task or time, such as selling property or managing one account.
Springing Power of Attorney – Activates only upon a triggering event, typically incapacity confirmed by medical professionals.
Durable Power of Attorney – Remains effective even if you become incapacitated. This is the most common type used in estate planning.
Common Tasks an Agent May Handle
A POA can cover a wide range of responsibilities (20 Pa.C.S. § 5602):
Financial Management: Pay bills, manage bank accounts, oversee investments.
Tax Filings: Prepare and submit federal and Pennsylvania tax returns.
Asset Transactions: Buy, sell, or maintain property and investments.
Insurance & Benefits: Manage policies, file claims, access retirement benefits.
Legal Affairs: Sign contracts, represent you in legal matters, manage disputes.
The Process of Creating a Power of Attorney
Select an Agent – Choose someone you deeply trust. Consider reliability, financial literacy, and family dynamics.
Define Powers – Scope can be broad or narrow, depending on your needs.
Draft the Document – Must include Pennsylvania’s mandatory notice and agent acknowledgment (20 Pa.C.S. § 5601(c), (d)).
Execute Properly – Signed before two witnesses and a notary (20 Pa.C.S. § 5601(b)).
Store & Share – Keep originals safe and provide copies to your agent and key institutions.
Review & Update – Revisit every 3–5 years or after life changes.
Power of Attorney Frequently Asked Questions
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Yes. You retain full authority and may revoke the POA at any time while competent.
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Yes. Joint ownership doesn’t cover all assets (like retirement accounts). A POA ensures access without delay during one of your most challenging times.
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It remains valid until revoked, the principal’s death, or a termination date or event specified in the document.
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Yes. You may name co-agents and specify whether they act independently or jointly.
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The Principal or Beneficiaries can petition Orphans’ Court for removal, accountings, and recovery of misused funds.
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