elder lawyer and advocate in Pennsylvania

Senior Citizen News and Updates

Last Updated March, 2004 Please read the Disclaimer below.

Articles

Updates:

Do You Understand the Power of Attorney? By Ilene Young

Consumer Advisories from the PA Attorney General

Legal Definition:
A Power of Attorney
is a form of Agency/Fiduciary relationship governed by Pennsylvania law in Chapter 56 of the Probate, Estates and FIduciaries Code, 20 Pa.C.S.A. section 5601 et seq. It is a document by which one individual (the principal) gives another individual (the agent) the written authority to act for him or her in accordance with the terms and conditions specified in the document.

For definitions of other legal terms, use this handy search engine. Simply type in your term and look it up.

Do you Understand the Power Of Attorney?
© Ilene Young, Esquire

A Power of Attorney can be a useful and necessary document for seniors but it also holds the power to cause harm. The following article provides a brief overview of important factors to consider in obtaining a Power of Attorney..

What is a Power of Attorney? A Power of Attorney is a written document, governed by statutory law, by which one person (referred to as the principal) gives another person (referred to as the agent) the power to act for them, in their stead, under certain circumstances spelled out in the document. (See Definition )
Their most frequent use is in planning for decisionmaking in the event of absence or incapacity of the principal .

Important Considerations:
Many senior citizens contact an attorney to obtain a Power of Attorney document as part of their planning. A "standard form" power of attorney is frequently requested. In many cases, however, this does not provide the necessary terms, conditions and restrictions to fully implement the client's goals and intentions. It is therefore important that the client meet with the attorney and go over the circumstances of the his or her situation, including a full discussion the following::

the client's needs and goals;
finances and assets, including asset protection for spouse and other family members in event of catastrophic chronic illness;
the client's estate plan;
protection for the client's personal freedom and avoidance of preemption of the client's wishes and autonomy.
the necessity for including abuse protection provisions to protect the principal from possible exploitation of the power of attorney by the agent.

As part of incapacity planning, a client may wish to consider also executing an Advanced Directive of Medical Care (under the ADMC Healthcare act), a statutorily authorized "proxy" or living will which takes effect only in situations of terminal illness.

It is also important to establish the legal capacity of the principal at the time the power of attorney is executed, whether there is possible overweening family influence in the drafting, and if the client intends the power of attorney to be effective out of state, in which case it must be "portable" ( enforcable in other jurisdictions.)

For an Appontment with attorney
Ilene Young in our Doylestown Office, call:
(215) 348-5448 or click here to>>> email

Conclusion:
A thoughtfully planned and written Power of Attorney can serve as a valuable part of a client's long term planning and contribute to a family's peace of mind, but it also holds the power to create difficulties and harm. A thorough discussion of the client's needs, circumstances and goals combined with precise drafting will result in a Power of Attorney that will well serve the client's interests both now and in the future.