- A Pennsylvania resident needs to be certain their POA complies with Pennsylvania law, or it won’t be valid. Some online forms do not comply with current Pennsylvania law.
- The power of attorney must contain Pennsylvania’s current “notice page” and “agent’s acknowledgment page.” Failing to include this language or using the old provisions can result in the POA document not being usable when
needed. - Pennsylvania law sets forth several execution formalities that need to be followed when a person signs their POA. The person signing must have legal capacity to do so, the witnesses cannot be named to serve as POA in the document, and it must be signed before a Notary Public.
- Failing to include the right language could inadvertently limit your agent’s power to use the document to help you when needed. An online form may or may not have the right language. A capable estate planning attorney can discuss what powers you wish to include, and make sure your agent has authority to do what’s necessary. Your lawyer can also draft the POA to limit your agent’s authority as appropriate.
- A reputable estate planning attorney is not going to have someone sign a POA who lacks capacity to do so. If the POA were to be challenged by a disgruntled family member or third party, a POA drafted by a lawyer and supported by that lawyer’s credible testimony is more likely to stand up in court than an online form that was not drafted by a reputable scrivener who is an estate planning attorney.
If you wish to have our office help you with your estate planning documents, including preparation of your will, financial POA, healthcare POA, and possibly a trust if appropriate for your situation, please call or contact us through this website.
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Disclaimer: We recommend that you receive ongoing legal advice from an elder law attorney before attempting to navigate the Medicaid application process. If you have questions or wish to secure our services, please contact us.
