Philadelphia Powerof Attorney Lawyer
Philadelphia Power of Attorney Lawyer
A Power of Attorney is an Important Part of a Comprehensive Estate Plan
At Scott Counsel, P.C., our Philadelphia power of attorney (POA) lawyers are standing by, ready to help you and your family put the right structure in place. A POA document will protect if a person is unable to manage their legal affairs. If you have any questions about setting up power of attorney, we are here as a resource. To set up your completely private initial consultation with a Pennsylvania estate planning attorney, please call us at (856) 485-4585 or connect with us directly online.
What is a Power of Attorney and Why is it Important?
It is not an easy thing to think about, but the reality is that there could come a day when you are temporarily or permanently unable to manage your own financial, legal, and/or medical affairs. A power of attorney (POA) is an estate planning document that you can use to provide a trusted loved one with the legal authority that they need to act on your behalf should that day come. Your power of attorney can be assigned to a spouse, a sibling, an adult child, a parent, or any other trusted loved one who is capable of assuming the responsibilities.
Know the Different Types of Powers of Attorney
There are multiple different types of powers of attorney. An experienced Philadelphia estate planning lawyer can help you craft power of attorney documents that are best calibrated for your specific needs and objectives. Here are the two most common types of power of attorney:
- Financial Power of Attorney: Also sometimes referred to as a legal power of attorney, a financial POA grants a trusted loved one the authority to handle your financial and legal matters. Among other things, this means that they will be able to pay your bills and sign certain legal documents on your behalf.
- Medical Power of Attorney: Also called a health care power of attorney, a medical POA is reserved strictly for health-related decision-making. A trusted loved one who holds your medical power of attorney can make medical decisions on your behalf if you are not in a position to do so.
Financial POA and medical POA can be divided—but they do not have to be. In other words, the same person can hold both your financial power of attorney and your medical power of attorney. Alternatively, you could split these tasks between multiple trusted loved ones to help relieve some of the burdens.
Power of Attorney in Pennsylvania is Presumptively Durable—Unless Stated Otherwise
In Pennsylvania, a power of attorney is assumed to be durable. A durable POA remains in effect until it is actively revoked or until a person passes away. A durable power of attorney retains its effect when a person becomes incapacitated. To be clear, you can also set up a non-durable power of attorney in our state.
For example, some people opt for a “springing” power of attorney. A springing POA is not immediately effective. It only takes effect either at a future date or when a specific event occurs—such as the incapacity of the person who assigned it. If you have any questions about powers of attorney in Pennsylvania, our Philadelphia POA lawyers are available to help.
Clearing Up Myths and Misconceptions: What You Can and Cannot Do With a POA
There are a lot of myths out there about what can and cannot be done with a power of attorney in Pennsylvania. At Scott Counsel, P.C., our Philadelphia estate planning lawyers want to make sure that you have all of the tools, information, and knowledge that you need to best protect yourself and your family. Here are two things you can do with a POA and two things you cannot do with a POA:
- You CAN grant your POA to a non-family member. An unmarried partner, close friend, or even a lawyer can serve as your power of attorney.
- You CAN assign your power of attorney to multiple people. You could split the role—dividing financial and medical—or you could name two people as your general POA.
- You CANNOT use a power of attorney as a comprehensive estate planning tool. A person with power of attorney cannot use their authority to alter your will.
- You CANNOT use a POA after the death of the person who assigned it. In Pennsylvania, all rights associated with a power of attorney are extinguished upon the passing of the grantor.
How the Philadelphia POA Lawyers at Scott Counsel, P.C. Can Help
Planning for incapacity is never easy. It is normal to have a lot of questions and concerns about powers of attorney. At Scott Counsel, P.C., we are here to help you navigate the estate planning process—with a focus on helping you put the right structure in place for your needs. Among other things, our Philadelphia power of attorney lawyers will:
- Listen to your story and answer your questions about powers of attorney;
- Draft power of attorney (POA) documents that are legally valid and achieve your goals; and
- Help you put together a more comprehensive estate plan that provides true security.
Power of attorney documents is an important part of a well-structured estate plan. You can trust our legal team to put the time, resources, and attention to detail to make sure that your POA documents effectively protect your best interests. We encourage you to read our client reviews and reach out to our Philadelphia estate planning lawyers directly with any questions.
Call Our Philadelphia Power of Attorneys Lawyers Today
At Scott Counsel, P.C., our Philadelphia estate planning team has the skills, knowledge, and legal expertise to help clients set up powers of attorney (POA). If you have questions about setting up a power of attorney, can help. Give us a call at (856) 485-4585 or contact us online to arrange a completely confidential initial consultation. We provide legal representation to people and families in Philadelphia and throughout the surrounding area, including in New Jersey.
– When my son, who has Cystic Fibrosis and CF related diabetes, was suddenly and unexpectedly removed from his Medicaid program, we were devastated and frightened not knowing where we would get the resources to pay for his extremely high priced prescriptions. Justin was the attorney who handled our case. From the very beginning, he proved to be very thorough and experienced with navigating the process of reversing the Medicaid decision. However, it was his apparent kind, caring nature that made us feel the most at ease. Justin was successful in securing a continuation of benefits for my son, and we are extremely grateful for having his expertise during this most stressful ongoing process. Thank you, Justin!
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