A power of attorney (POA) is a legal document that grants an individual, known as an agent or attorney-in-fact, the authority to make decisions on behalf of another person, referred to as the principal.

Depending on the type of POA established, the scope of this authority can vary widely, from making specific financial decisions to managing nearly all aspects of the principal’s affairs.

At Barsik Law Offices, our estate lawyer assists clients in Lehigh Valley, Allentown, Philadelphia, Stroudsburg, and the surrounding areas with preparing powers of attorney tailored to their unique circumstances.

Types of Powers of Attorney

In Pennsylvania, several types of powers of attorney can be established, each serving unique purposes and offering different levels of authority to the agent:

General Power of Attorney

A general POA grants the agent broad authority to manage nearly all aspects of the principal’s financial and personal affairs. This includes handling banking transactions, managing investments, buying or selling property, and more. This type of POA is particularly useful for individuals who want their agent to have comprehensive control over their matters if they become incapacitated.

Limited Power of Attorney

A limited POA restricts the agent's authority to specific tasks or decisions. This might involve completing a particular financial transaction, representing the principal in a real estate matter, or handling certain business operations. This type of POA is ideal when the principal requires assistance with discrete, well-defined actions.

Durable Power of Attorney

A durable POA remains effective even if the principal becomes incapacitated. Unlike some other types of POA that may become void upon the principal’s incapacitation, a durable POA ensures that the agent can continue to act on the principal’s behalf, providing continuity in decision-making during times of illness or disability.

This is crucial for long-term planning and confirms that the principal's affairs can be managed without interruption.

Springing Power of Attorney

A springing POA only becomes effective upon the occurrence of a specified event or condition, typically the incapacitation of the principal. This type of POA is not activated until the predefined condition is met, providing peace of mind to the principal that their agent can only act when it is absolutely necessary.

Medical Power of Attorney

A medical POA authorizes the agent to make healthcare decisions on the principal’s behalf. This can include medical treatments, surgical procedures, and end-of-life care decisions. In Pennsylvania, this type of POA is particularly important so that the principal’s healthcare preferences are respected, especially in situations where they cannot communicate their wishes.

Each type of power of attorney serves a different function, and choosing the right one depends on the principal’s needs and circumstances. At Barsik Law Offices, our power of attorney lawyer can help you understand the nuances of each type and assist you in establishing the POA that best suits your situation.

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Who Should Consider Establishing a POA?

Establishing a power of attorney (POA) is a prudent decision for anyone who wants to ensure that their financial, personal, or medical affairs are managed according to their preferences in their absence or during a period of incapacitation.

Individuals facing the onset of a serious medical condition or older adults planning for future healthcare needs might particularly benefit from implementing a POA. Business owners can even use a POA to appoint someone to act on their behalf so that their operations continue smoothly when they are unavailable or incapacitated.

Essentially, anyone anticipating needing help managing their affairs or wishing to have decision-making continuity should consider setting up a POA. At Barsik Law Office, we guide clients through identifying their unique needs and drafting tailored documents to provide peace of mind and legal security.

Why Choose Barsik Law Offices?

By choosing Barsik Law Offices for your power of attorney needs, you benefit from:

Experience: Our team has helped numerous individuals build detailed, comprehensive estate plans. We know what steps to take to verify your power of attorney documents are legally sound and tailored to meet all state-specific requirements, which helps to prevent any potential legal issues or disputes in the future.

Personalized service: During our consultations, we take the time to understand your unique needs and preferences, offering recommendations and drafting the POA documents that best protect your interests and align with your goals. Our personalized approach extends to providing clear explanations and answering any questions you may have throughout the process.

Comprehensive approach: We view powers of attorney as part of a broader estate plan and verify all elements work together seamlessly. This includes coordinating your POA with your will, trusts, and other estate planning documents for a cohesive strategy. Our comprehensive review process aims to address all potential gaps and overlaps, providing a holistic approach to securing your financial and personal future.

POA Frequently Asked Questions

What happens if I don’t have a POA?

If you do not have a power of attorney and you become incapacitated, your family may have to go through a lengthy and costly legal process to obtain guardianship to manage your affairs.

In Pennsylvania, courts may appoint a guardian to oversee your affairs, which can be time-consuming and may not align with your wishes. Establishing a POA ensures that someone you trust is legally authorized to make decisions on your behalf without court intervention.

Can I revoke a POA?

Yes, you can revoke a power of attorney at any time as long as you are mentally competent. In Pennsylvania, the revocation must be made in writing and communicated to the agent and any third parties relying on the POA.

The revocation process involves drafting a notice of revocation and having it delivered to all relevant parties to prevent the former agent from taking unauthorized actions.

Does a POA need to be notarized or witnessed?

In Pennsylvania, a power of attorney must be signed by the principal and witnessed by two individuals who are neither related to the principal nor named as agents in the POA. The document must also be notarized.

Taking these steps is crucial to ensure the POA is legally binding and will be recognized by financial institutions and other entities. Failure to follow these formalities can result in the POA being deemed invalid.

Lehigh Valley Power of Attorney Lawyer

Secure your peace of mind by establishing a power of attorney today. Contact Barsik Law Office to schedule a consultation with our experienced estate planning attorney, Sean E. Barsik. We are dedicated to helping you protect your assets and ensure your wishes are honored. Reach out to us and take the first step in safeguarding your future.