Pennsylvania Powers of Attorney and Advance Directives

## Financial Powers of Attorney

A Pennsylvania financial power of attorney allows a principal to authorize an agent to handle specified property and legal matters. Under Chapter 56 of Title 20, a power is generally durable unless it states otherwise, meaning authority can continue after the principal becomes incapacitated. The document ends at death; an agent cannot continue acting as though they were an executor.

Pennsylvania imposes execution formalities, including a statutory notice signed by the principal and an acknowledgment signed by an agent before acting. Most powers require notarization and two adult witnesses, subject to statutory qualifications and exceptions. Proper execution matters because banks, title companies, and other institutions may reject defective documents.

The document should address whether authority begins immediately or upon a future determination of incapacity. Immediate authority is easier to use but gives the agent power while the principal remains capable. A springing arrangement provides a safeguard but can cause delays and medical-certification disputes.

## Tailoring the Agent's Authority

General labels may not authorize every action. Pennsylvania law treats certain powers as requiring express language, particularly authority involving gifts, survivorship rights, beneficiary designations, delegation, disclaimers, and some trust matters. These powers can significantly change an estate plan and should be granted only for a defined purpose.

Select an agent based on judgment, reliability, availability, and ability to maintain records rather than seniority alone. Name successors. Co-agents can provide oversight but may create deadlock or practical problems if institutions require both signatures.

An agent is a fiduciary. Duties generally include acting in good faith, within the document's scope, loyally for the principal's benefit, and with appropriate care. The agent should keep the principal's funds separate and maintain records of receipts, disbursements, and transactions.

## Health-Care Powers and Living Wills

A health-care power of attorney names an agent to make medical decisions when the principal cannot. The document can address providers, facilities, records, surgery, medication, and end-of-life decisions. A separate HIPAA authorization can permit access to information before formal incapacity.

A living will, or advance health-care declaration, states treatment preferences when statutory conditions apply, commonly involving end-stage medical conditions or permanent unconsciousness. It can address cardiopulmonary resuscitation, ventilation, tube feeding, dialysis, antibiotics, pain relief, and organ donation.

The health-care agent and written instructions should be consistent. Discuss preferences with the agent; a document cannot anticipate every clinical choice. Provide copies to the agent, primary physician, and relevant facility.

## Preventing and Addressing Abuse

Warning signs include unexplained transfers, isolation, unpaid bills despite available funds, abrupt beneficiary changes, and an agent's refusal to provide records. Safeguards can include periodic accountings to another person, limits on gifts, appointment of separate agents for different tasks, and professional management of complex assets.

A court may review an agent's conduct, order an accounting, or impose remedies for breach. Interested parties should preserve account statements, deeds, checks, communications, and medical evidence. Immediate protective action may be necessary when assets are being dissipated.

## Coordination and Review

Powers of attorney should coordinate with wills, trusts, beneficiary designations, business agreements, and long-term-care planning. An agent's authority cannot rewrite every contract or override all federal benefit rules. Retirement accounts and digital assets may require specific treatment.

Review documents after relocation, marriage, divorce, death of an agent, diagnosis, or major financial change. Pennsylvania may recognize out-of-state documents valid where executed, but local forms can reduce resistance.

Do not wait until capacity is doubtful. A principal must possess the legally required capacity when signing, and a late document may invite challenge. Thoughtful incapacity planning names trustworthy decision-makers, grants only useful authority, and makes the documents available before an emergency occurs.