Protect Your Decisions. Empower Your Trusted Agents.
Clear, comprehensive guidance for families in Berks County navigating financial and health care decision-making authority.
A Power of Attorney (POA) is a foundational legal document that allows you to designate a trusted person to make decisions on your behalf. In Pennsylvania, this proactive planning tool can help facilitate the management of your finances, property, and personal affairs if you are unable to do so yourself.
You are the "Principal." By executing a POA, you grant authority to someone else. Creating this document does not remove your own ability to make decisions while you remain capable.
The person you appoint is your "Agent" (or attorney-in-fact). They act on your behalf according to the specific powers you grant them, bound by strict duties under Pennsylvania law.
The document explicitly defines what actions the Agent can take. This can range from paying routine bills to managing real estate, investments, or legal claims.
Not all Powers of Attorney are the same. Pennsylvania law distinguishes between financial authority and health care decisions, as well as when and how long those powers apply. We help you structure the right combination for your family’s needs.
Governed primarily by 20 Pa.C.S. Chapter 56, this allows your agent to manage your assets, pay bills, handle taxes, and make financial decisions on your behalf.
Governed by 20 Pa.C.S. Chapter 54, a separate Advance Health Care Directive allows your agent to make medical decisions. Generally, subject to the directive and statute, this authority begins when your attending physician determines you are incompetent to make those health care decisions.
Also under Chapter 56, a Durable financial Power of Attorney remains in effect even if you become incapacitated. A non-durable financial POA extinguishes if you lose capacity, which often undermines the goal of incapacity planning.
Also under Section 5604, an Immediate financial POA takes effect as soon as you sign it. A Springing financial POA only activates upon a specific triggering event, typically when a doctor certifies in writing that you are incapacitated.
Being appointed as an agent is a serious responsibility. Under Pennsylvania 20 Pa.C.S. Section 5601.3, a financial and property agent is a fiduciary who must act to protect the principal. (Note that health care agents follow separate standards under Chapter 54).
Your agent will have significant control over your life and finances. Choosing the right person—and planning for contingencies—is the most critical decision in this process.
The primary qualification for an agent is absolute trustworthiness. For a financial POA, they should also have a basic level of financial literacy and organization. For health care, they should be someone who can make difficult decisions under emotional pressure and clearly communicate with medical staff.
What if your primary agent is unavailable, falls ill, or passes away before you? Naming one or more successor agents helps prevent your plan from failing when you need it most. You can also name co-agents who must act jointly, though this can sometimes complicate rapid decision-making.
A well-drafted POA can often reduce the need for court-appointed guardianship. However, if a court does appoint a guardian of your estate, your agent becomes accountable to that guardian, and the court has the authority to suspend or revoke the power of attorney.
Establishing your Power of Attorney doesn't have to be overwhelming. We guide you through a clear, purposeful process to protect your family.
We begin by listening. We'll help you evaluate who in your life is best equipped to handle financial decisions versus health care choices, ensuring your agents align with your values.
We draft separate, specific documents for financial and health care authority. We include only the precise "hot powers" you feel comfortable granting, defining the precise scope of authority.
We oversee the formal signing, witnessing, and notarization according to Pennsylvania's strict execution laws. Then, we advise you on where to store the documents and when to notify your agents.
This execution summary is not an exhaustive checklist. For a current financial and property Power of Attorney to be valid under Chapter 56, it must be dated and signed by the principal (or by another at the principal's explicit direction). It must include a statutory principal notice, and the agent must sign an acknowledgment before exercising authority. The principal's signature must be witnessed by two adults and acknowledged before a notary public. The agent, a person signing for the principal, and the notary taking the acknowledgment may not serve as witnesses. Health care directives under Chapter 54 have separate execution rules.
Keep the original document in a secure but accessible location, such as a fireproof safe at home or with your attorney. Do not lock it in a safe deposit box if your agent doesn't have access to that box. Your agent will often need the original or a certified copy to present to banks, real estate agents, or hospitals.
You can amend or revoke your POA at any time, provided you still have mental capacity. Revocation should be done in writing. However, to be effective against third parties, you must provide actual notice of the revocation to your agent and any institutions (like banks) that have a copy of the old document on file.
A Power of Attorney is strictly a lifetime document. The moment the principal passes away, all authority granted by the POA immediately extinguishes. At that point, the nominated Executor in the Will acts as the personal representative, but generally only after formal appointment by the Register of Wills and the issuance of Letters Testamentary.
A Power of Attorney does not stand alone. It works with the rest of an estate plan to document who may act during your lifetime and how your property and instructions should be handled in other circumstances.
View our full Estate Planning services
If you have a Revocable Living Trust, a financial POA can authorize your agent to transfer additional assets into the trust (if specifically authorized) or manage assets that were intentionally left outside the trust.
Learn about Trusts →Often paired with a Health Care POA, a Living Will (Advance Health Care Directive) outlines your specific wishes regarding life-sustaining treatments, feeding tubes, and end-of-life care, guiding your agent's decisions.
Clear answers to help you navigate Pennsylvania estate planning.
If you are already incapacitated, an existing valid Power of Attorney may still allow your agent to act. If no valid POA was created beforehand, other legal options, such as guardianship, may need to be considered.
Generally, no. A Power of Attorney does not give your agent authority to change your Will. Your Will remains your document, although certain specifically authorized actions by an agent can affect other parts of your estate plan.
No. In Pennsylvania, being married does not automatically make your spouse your Power of Attorney. A POA must be created in writing and name the person you want to act as your agent.
If an agent makes a mistake, they can be held responsible for actions that violate their duties or go beyond the authority granted in the Power of Attorney. Serious issues may require legal action to correct.
Schedule a consultation with our experienced Reading, PA estate planning team. Protect your decisions and empower the people you trust.
