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Document Sample

Pennsylvania Durable Power of Attorney Template

This Durable Power of Attorney is designed in accordance with Pennsylvania law. It allows you to designate someone to handle your financial matters if you become unable to do so.

Principal Information:

Name: __________________________

Address: ________________________

Date of Birth: ___________________

Agent Information:

Name: __________________________

Address: ________________________

Phone Number: ___________________

Effective Date:

This Durable Power of Attorney becomes effective on: ____________.

Grant of Authority:

I grant my agent the authority to act on my behalf in the following matters:

  • Real estate transactions
  • Banking and financial transactions
  • Personal property transactions
  • Business operations
  • Tax matters

Durability:

This Power of Attorney shall not be affected by my subsequent disability or incapacity, except as otherwise provided by law.

Signature:

Principal's Signature: __________________________

Date: ___________

Notarization:

State of Pennsylvania

County of ______________________

On this ____ day of _____________, 20___, before me personally appeared ________________________, known to me (or satisfactorily proven) to be the person whose name is subscribed to this instrument and acknowledged that they executed the same for the purposes therein contained.

In witness whereof I hereunto set my hand and official seal.

Notary Public Signature: ________________________

My Commission Expires: ________________________

Form Data

Fact Name Description
Definition A Durable Power of Attorney allows a person to appoint someone else to make decisions on their behalf, even if they become incapacitated.
Governing Law The Pennsylvania Durable Power of Attorney is governed by the Pennsylvania Consolidated Statutes, Title 20, Chapter 56.
Durability This type of power of attorney remains effective even if the principal becomes incapacitated.
Agent Authority The agent can manage financial and legal matters, including handling bank accounts and real estate transactions.
Revocation The principal can revoke the Durable Power of Attorney at any time, as long as they are competent.
Signing Requirements The form must be signed by the principal and witnessed by two individuals or notarized.
Limitations The agent cannot make decisions regarding the principal's healthcare unless specifically granted that authority.
State-Specific Form While the form can be customized, it must meet Pennsylvania's statutory requirements to be valid.

Pennsylvania Durable Power of Attorney - Usage Guidelines

Filling out a Pennsylvania Durable Power of Attorney form is an important step in planning for your future. Once completed, this document allows you to designate someone to make financial and legal decisions on your behalf if you become unable to do so. Here’s how to fill out the form step by step.

  1. Obtain the Form: You can find the Pennsylvania Durable Power of Attorney form online or through legal offices. Make sure you have the most current version.
  2. Identify Yourself: Fill in your name, address, and other identifying information at the top of the form. This section ensures that your identity is clear.
  3. Choose Your Agent: Designate a trusted individual as your agent. This person will have the authority to act on your behalf. Include their name, address, and phone number.
  4. Specify Powers: Clearly outline the powers you wish to grant to your agent. This can include handling financial matters, managing property, or making healthcare decisions.
  5. Include Successor Agents: If desired, you can name alternate agents who can step in if your primary agent is unable or unwilling to serve.
  6. Sign and Date: After filling out the form, sign and date it in the presence of a notary public. This step is crucial for the document to be legally binding.
  7. Distribute Copies: Provide copies of the completed form to your agent, any successor agents, and relevant financial institutions or healthcare providers.

After following these steps, your Durable Power of Attorney form will be ready for use. Make sure to keep a copy in a safe place and inform your agent of its existence and location. Regularly review the document to ensure it still reflects your wishes.

Dos and Don'ts

When filling out the Pennsylvania Durable Power of Attorney form, it's important to follow certain guidelines to ensure that the document is valid and effective. Here is a list of things you should and shouldn't do:

  • Do choose a trustworthy agent who will act in your best interest.
  • Do clearly specify the powers you are granting to your agent.
  • Do sign the form in the presence of a notary public.
  • Do keep a copy of the signed document for your records.
  • Don't leave any sections of the form blank; fill in all required information.
  • Don't use vague language when describing the powers granted.
  • Don't forget to review the document periodically to ensure it still reflects your wishes.
  • Don't assume that a verbal agreement is sufficient; always have a written document.

Common mistakes

  1. Not Specifying Powers Clearly: One common mistake is failing to clearly outline the specific powers granted to the agent. It's essential to be explicit about what decisions the agent can make on your behalf.

  2. Not Naming a Successor Agent: If the primary agent is unable to serve, not naming a successor can lead to complications. Always consider appointing a backup to ensure your wishes are honored.

  3. Inadequate Witnessing and Notarization: Pennsylvania requires that the Durable Power of Attorney form be signed in the presence of a notary public. Failing to have the document properly witnessed and notarized can render it invalid.

  4. Not Reviewing the Document Periodically: Life changes, and so do your needs. Failing to review and update the Durable Power of Attorney can lead to outdated provisions that no longer reflect your wishes.

  5. Assuming All Agents Have the Same Authority: It’s important to understand that different agents may have different levels of authority. Not clarifying the scope of each agent’s powers can lead to misunderstandings.

  6. Ignoring State-Specific Requirements: Each state has its own rules regarding Durable Power of Attorney forms. Ignoring Pennsylvania's specific requirements can lead to issues with the document's enforceability.