Understanding How a Power of Attorney Helps You Prepare for Incapacity in Pennsylvania

No one likes to imagine a time when they won’t be able to make their own decisions. But unexpected illness, injury, or cognitive decline can happen at any stage of life. Planning ahead can ease the burden on your family and protect your interests when you’re unable to act for yourself. One of the most effective tools for this type of planning is a power of attorney.

In Pennsylvania, a power of attorney allows you to choose someone you trust to manage your financial or personal affairs if you become incapacitated. Understanding how this document works, what it can do, and how to create one that meets your needs is a key part of any estate or incapacity plan.

What a Power of Attorney Actually Does

A power of attorney, often shortened to POA, is a legal document that gives someone else the authority to act on your behalf. This person is called your agent or attorney-in-fact. The authority you grant can be broad or limited, depending on how the document is written.

In the context of incapacity planning, a POA ensures that your bills get paid, your finances are managed, and important decisions are handled without court involvement. It avoids the need for a guardianship, which can be a costly and time-consuming legal process.

There are two main types of POA in Pennsylvania that are commonly used in estate planning:

• Durable financial power of attorney – This allows your chosen agent to manage your assets, pay bills, handle investments, file taxes, and manage property. It stays in effect even if you become mentally or physically unable to make decisions.

• Health care power of attorney – This gives your agent authority to make medical decisions for you if you can’t make them yourself. It often works alongside a living will, which outlines your treatment preferences.

Both documents serve distinct purposes, and most people include both in their estate plans.

Durable Versus Non-Durable Powers of Attorney

Not all POAs continue to be effective after incapacity. A durable power of attorney remains valid even when you can no longer make decisions, which is exactly what you need in long-term planning. A non-durable power of attorney, on the other hand, becomes invalid if you are declared incapacitated. These are often used for specific short-term tasks, like authorizing someone to sign documents while you are traveling.

If your goal is to prepare for future illness or disability, make sure the POA you sign is durable. In Pennsylvania, this requires clear wording in the document stating that it remains in effect despite your incapacity.

When a Power of Attorney Takes Effect

You have control over when your POA becomes active. It can take effect immediately upon signing, or it can be springing, meaning it only becomes active if a doctor determines you are no longer able to make your own decisions.

Some people prefer an immediate POA because it simplifies access for their agent. Others choose a springing POA because they’re not comfortable giving that level of authority until it becomes absolutely necessary. There is no one-size-fits-all answer—it depends on your comfort level and your relationship with the person you choose.

Choosing the Right Agent

Who you name as your agent is one of the most important decisions you’ll make. This person will be responsible for protecting your finances or making medical choices on your behalf. You want someone trustworthy, responsible, and capable of handling stressful situations.

In many cases, people name a spouse, adult child, or close friend. You can also name a professional, such as an attorney or fiduciary. Make sure your agent is willing to serve and understands your wishes. It’s also wise to name a backup agent in case your first choice is unavailable.

Common Responsibilities of an Agent

The person you name in your POA will have a legal obligation to act in your best interest. Their duties may include:

• Paying bills and managing day-to-day expenses

• Handling bank accounts, investments, and retirement funds

• Filing tax returns and managing government benefits

• Making decisions about living arrangements or long-term care

• Communicating with doctors and health care providers

• Accessing medical records and consenting to treatment

An agent under a POA cannot change your will, vote on your behalf, or make decisions after your death. Their authority ends at the time of your passing.

What Happens If You Don’t Have a Power of Attorney

Without a valid POA, your loved ones may have to go to court to be appointed as your legal guardian or conservator if you become incapacitated. This can be an emotional and expensive process, often involving ongoing court supervision. It also creates uncertainty about who will make decisions for you and how those decisions will be made.

Having a POA in place gives you control over these matters before they become urgent. It provides clarity and peace of mind for both you and your family.

How to Create a Power of Attorney in Pennsylvania

Pennsylvania has specific legal requirements for powers of attorney. To be valid, the document must be:

• Signed by you (the principal) in front of a notary public

• Witnessed by two adults who are not named as agents

• Accompanied by a legal notice explaining the powers granted

• Accepted in writing by the agent, acknowledging their responsibilities

Using a generic form or online template can lead to problems if the document doesn’t meet these requirements or doesn’t reflect your specific needs. It’s best to work with an estate planning attorney who understands Pennsylvania law and can help you craft a document tailored to your situation.

Reviewing and Updating Your POA

Once your power of attorney is in place, it’s not something you should forget about. Life changes, and so should your documents. It’s a good idea to review your POA every few years or whenever you experience a major life change—such as a marriage, divorce, move, or change in health.

Make sure your chosen agent is still the right person, and that the instructions still align with your goals. If anything no longer feels right, your attorney can help you update the document.

Conclusion

Planning for incapacity isn’t just about legal paperwork. It’s about making sure your wishes are followed, your assets are protected, and your loved ones are spared from making difficult decisions without guidance.

At our Pennsylvania estate planning firm, we help individuals and families create clear, legally sound plans that offer protection and peace of mind. If you’d like help creating a power of attorney or reviewing an existing one, contact our office today. We’ll take the time to understand your needs and guide you through the process with care and clarity.