Life can be unpredictable. Whether you’re planning for the future or managing an unexpected health crisis, having a power of attorney (POA) in place ensures that your wishes are honored and your affairs are managed by someone you trust.
At Petrelli Previtera, LLC, we help individuals and families across Philadelphia understand and create power of attorney documents tailored to their needs. In working with clients, we’ve seen firsthand the costly and emotional toll of not planning ahead. Many families prioritize creating a will but delay or neglect establishing powers of attorney. Without these documents, loved ones may be forced into a lengthy and expensive guardianship battle just to manage finances or make health decisions. Our goal is to help clients avoid those stressful situations by preparing thoughtful, legally sound POAs while they are healthy and able to make decisions.
Whether you’re focused on healthcare decisions, financial management, or both, our experienced estate planning attorneys are here to guide you.
What Is a Power of Attorney?
A power of attorney is a legal document that gives someone (called your “agent” or “attorney-in-fact”) the authority to act on your behalf in personal, financial, or medical matters. You, the “principal,” choose who this person will be and define what powers they have.
In Pennsylvania, there are different types of POAs, each serving a unique purpose. Choosing the right one and preparing it correctly is essential.
Types of Power of Attorney in Pennsylvania
1. Financial Power of Attorney
A financial power of attorney gives your chosen agent the ability to manage financial matters on your behalf. This can include:
- Managing bank accounts and paying bills
- Buying or selling real estate
- Handling investments and retirement accounts
- Filing taxes
- Applying for government benefits such as Medicaid
You can make this authority effective immediately or only if you become incapacitated. In Pennsylvania, this is known as a durable financial power of attorney if it remains in effect after you become unable to manage your affairs.
2. Medical Power of Attorney (Health Care Power of Attorney)
A medical power of attorney allows your agent to make healthcare decisions for you if you are unable to make them yourself. This includes:
- Choosing doctors or treatment plans
- Approving or refusing surgeries or procedures
- Deciding on long-term care or hospice
- Accessing medical records
This document often works alongside a living will, which outlines your wishes regarding end-of-life care.
Why Every Adult in Pennsylvania Should Have a Power of Attorney
A power of attorney isn’t just for older adults. Accidents, illnesses, or emergencies can happen at any time. Without a POA in place:
- Your family may need to go to court to get guardianship or conservatorship
- Decisions about your finances or health could be delayed
- Someone you wouldn’t have chosen may be appointed to make decisions for you
We’ve seen this happen firsthand. For example, we’ve helped parents secure powers of attorney for college students so they could manage healthcare decisions in emergencies. We’ve also worked with adult children who needed financial authority to assist aging parents facing memory loss or sudden illness. In one case, siblings spent over $100,000 in litigation fighting over who should be their mother’s guardian. The emotional and financial toll was devastating. If their mother had executed a power of attorney while competent, the conflict could have been avoided.
That’s why our team emphasizes the importance of early planning, including POA. Without a POA in place, even basic decisions about your health or finances may require court intervention. With a valid, well-prepared POA, you remain in control of who handles your affairs and how they’re managed if you’re unable to speak for yourself.
Pennsylvania Requirements for a Valid Power of Attorney
Pennsylvania has specific requirements for a power of attorney to be valid. If a POA doesn’t meet legal standards, banks, hospitals, or other institutions may refuse to honor it. That’s why working with an estate planning attorney is so important—for guidance and peace of mind.
We can guide you on choosing your agent and finalizing the document to execute a valid power of attorney that meets Pennsylvania requirements. This includes proper witnessing, notarization, and the inclusion of the required notice and acknowledgment pages.
Power of Attorney and Estate Planning
A power of attorney is just one part of a complete estate plan. We often recommend it be prepared alongside:
- A last will and testament
- A living will or advance healthcare directive
- A revocable or irrevocable trust if applicable
Together, these tools help protect your interests, minimize confusion, and reduce the legal burden on your loved ones.
How Petrelli Previtera Helps
At Petrelli Previtera, we understand that creating a power of attorney is a personal and often emotional decision. Our Philadelphia estate planning lawyers offer:
- Personalized guidance tailored to your situation
- Legally compliant documents that meet Pennsylvania requirements
- Coordination with your broader estate plan
- Clear explanations of rights, risks, and responsibilities
Whether you’re creating your first POA or updating an outdated one, we’re here to ensure the process is smooth and your plan is solid.
FAQs About Power of Attorney in Pennsylvania
Can I change or cancel a power of attorney?
Is a power of attorney valid after death?
Does a POA need to be filed with the court?
Can I name more than one agent?
What happens if I don’t have a POA?
Talk With a Philadelphia Power of Attorney Lawyer Today
Planning for the future means preparing for all possibilities. A power of attorney is a vital tool to ensure your voice is heard and your wishes are followed, even if you can’t speak for yourself.
If you need help creating or updating your POA, the experienced legal team at Petrelli Previtera is here to assist. Schedule a consultation today to get started.