Legal Question in Wills and Trusts in Pennsylvania
Power of Attorney
What exactly is power of attorney? A family member is hospitalized, but not incapacitated. His wife wants power of attorney. Does my brother have to sign the power of attorney or cane his wife bypass him. The house and all household bills are in his name is in his name. She is employed and his source of income is social security. They are not estranged, but divide financial responsibilities.
1 Answer from Attorneys
Re: Power of Attorney
A power of attorney, if given by the husband to the wife, would permit the wife to manage the affairs of the husband on his behalf. Without a power of attorney she cannot just "take over" or deal with any property or assets that are in his name only.
The power of attorney has to be signed in the presence of a notary public, who completes the "acknowledgment" of the person signing the power. In some states, the agent (person appointed to use the power) also has to sign an acceptance of the appointment in the presence of a notary, who completes the acknowledgment of the agent.
So long as the person making the appointment is not mentally incapacitated, he or she may create a power of attorney. Some attorneys will visit the person in the hospital to facilitate completion of the power.
Please suggest that the family member consult with an attorney in the County where he resides.
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