Powers of Attorney

We always suggest that our estate planning clients consider executing a power of attorney as part of their estate plan. A power of attorney is an instrument by which a "principal" appoints an "agent" to take almost any legal action that the principal could have taken. Having a valid power of attorney in place can avoid the need for costly and lengthy judicial proceedings if a person becomes incapacitated and unable to act for himself or herself.

There is a law in Pennsylvania which sets out the preferred form of this legal document. The powers can be very broad or limited, and will survive the principal's subsequent disability. The principal may provide for the appointment of more than one attorney-in-fact, who can act jointly, severally, or in any combination that the principal may designate in the power. The principal may permit the attorney-in-fact to delegate powers to others, and may appoint one or more successors to the attorney-in-fact. A power of attorney may also authorize the attorney to arrange for the principal's admission to a medical, nursing, residential or similar facility, and to enter into agreements for his or her cause, and also to authorize medical and surgical procedures.