Legal Question in Wills and Trusts in Pennsylvania

Re: Power of Attorney

It depends. It could mean your power of attorney needs to have a couple of cover letters signed by the principal and the agent. Pennsylvania enacted some fairly significant changes to Powers of Attorneys. I don't know who sent you the letter but you might want to contact them with your questions.

Re: Power of Attorney

To make certain both parties know what a power of attorney means, the law was changed to require the agent to sign an acknowledgement of accepting the power of attorney and the principal to sign the following notice:

The purpose of this power of attorney is to give the person you designate (your AGENT") broad powers to handle your property, which may include powers to sell or otherwise dispose of any real or personal property without advance notice to you or approval by you.

This power of attorney does not impose a duty on your AGENT to exercise granted powers, but when powers are exercised, your AGENT must use due care to act for your benefit and in accordance with this power of attorney.

Your AGENT may exercise the powers given here throughout your lifetime, even after you become incapacitated, unless you expressly limit the duration of these powers or you revoke these powers or a court acting on your behalf terminates your AGENT's authority.

Your AGENT must keep your funds separate from your AGENT's funds.

A court can take away the powers of your AGENT if it finds your AGENT is not acting properly.

The powers and duties of an AGENT under a power of attorney are explained more fully in 20 Pa. C.S. Ch. 56.

If there is anything about this form that you do not understand, you should ask a lawyer of your own choosing to explain it to you.

I have read or had explained to me this notice and I understand its contents.

Re: Power of Attorney

The new law requires a new way of signing and changes the way the parties are referred to. It affects Powers of Attorney created after that date. However, you may also want to review your current power, if you have one, with an attorney to see if it should contain additional authorizations to your agent. It is a good idea to have your will, power of attorney, living will and other such documents reviewed periodically.