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Power of Attorney
Can I obtain power of attorney for my father in Pennsylvania?

Can I obtain power of attorney for my father in Pennsylvania?

Full question:

My father is becoming disabled. My mother does not have his best interest in mind. Can I get power of attorney in PA?

Category: Power of Attorney
Date: 04/07/2025
State: Pennsylvania

Answer:

If your father is legally competent and not under undue influence, he can grant power of attorney to any adult. A power of attorney is a legal document that allows someone to make decisions and act on behalf of another person, known as the principal. The person designated to act is called the agent or attorney-in-fact.

To create a valid power of attorney in Pennsylvania, your father must complete and sign a power of attorney document before a notary public. If he is mentally competent but physically unable to sign, he can make a mark that is intended to be recognized as his signature. If the power of attorney involves real estate transactions, it should be recorded with the Registry of Deeds.

According to Pennsylvania law (20 Pa.C.S.A. § 5601), a power of attorney must be signed and dated by the principal. If someone else signs on behalf of the principal, it must be witnessed by two individuals who are at least eighteen years old. Additionally, the document must include a notice explaining the powers granted to the agent and the responsibilities they hold.

It’s important to note that the agent must act in the best interest of the principal and keep the principal's assets separate from their own. If the agent fails to act properly, a court can revoke their authority.

If you have questions about this process or need assistance, consider consulting a lawyer for guidance.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How to take power of attorney when one is mentally incapable?

If someone is mentally incapable, they cannot grant power of attorney themselves. In such cases, a court may appoint a guardian to manage their affairs. The process typically involves filing a petition in court to demonstrate the person's incapacity. The court will then evaluate the evidence and decide whether to appoint a guardian, who can then make decisions on behalf of the individual.

What is the new POA law in PA?

The new power of attorney law in Pennsylvania, effective January 1, 2015, emphasizes the importance of clear language regarding the powers granted. It requires a notice to be included in the document, outlining the agent's responsibilities. Additionally, the law provides specific guidelines on how to revoke a power of attorney and reinforces the agent's fiduciary duties to act in the principal's best interest.

What is a POA not allowed to do?

A power of attorney (POA) cannot make decisions that are against the principal's best interests, such as altering a will or making decisions about their healthcare without consent. Additionally, a POA cannot engage in self-dealing or use the principal's assets for personal gain. The agent must always act within the authority granted by the POA document.

How do I get power of attorney for an elderly parent in PA?

To obtain power of attorney for an elderly parent in Pennsylvania, your parent must be mentally competent to understand the decision. They need to complete and sign a power of attorney document in front of a notary public. It's advisable to consult an attorney to ensure the document meets all legal requirements and adequately reflects your parent's wishes.

What three decisions cannot be made by a legal power of attorney?

A legal power of attorney cannot make decisions that involve the principal's healthcare without specific authority, cannot alter the principal's will, and cannot make decisions that would benefit the agent personally at the expense of the principal. The agent must always act in the principal's best interests and within the scope of authority granted.

What are the disadvantages of being a power of attorney?

Being a power of attorney carries significant responsibilities and potential liabilities. The agent must act in the principal's best interests, failing which they can face legal consequences. Additionally, the role can be time-consuming and emotionally taxing, especially if disagreements arise among family members. Agents may also be held accountable for financial mismanagement.