Power of Attorney in Pennsylvania: What It Is and Why You Need One

Most people think of estate planning as something that happens after death. But some of the most important documents you can sign are meant to protect you while you are still living. A power of attorney is at the top of that list. If a stroke, an accident or dementia left you unable to pay bills or sign papers, who would step in for you? Without a plan, the answer may be a courtroom.

What is a power of attorney in Pennsylvania?

A power of attorney is a written legal document in which you, the principal, name someone you trust to act on your behalf. That person is called your agent. Your agent can handle the financial and legal tasks you assign, such as paying bills, managing bank accounts, dealing with the IRS or selling property, depending on the powers you grant.

In plain terms, it is a permission slip you write in advance so that a person you chose, rather than a judge, can take care of business if you cannot.

Why a will is not enough

This is one of the most common misunderstandings we hear. A will only takes effect after you pass away. It does nothing for you if you are alive but unable to make decisions. A power of attorney fills that gap. Most estate plans pair the two documents, along with a living will for health care wishes.

To see how a will fits into the bigger picture, read about our wills services.

What can your agent do?

The scope is up to you. Your power of attorney can be broad or narrow, and it can start right away or only if you become incapacitated. Common powers include:

• Paying bills and managing everyday banking

• Handling real estate and property matters

• Filing tax returns and dealing with government agencies

• Managing investments and retirement accounts

• Running or winding down a family business

• Handling matters connected to long-term care and benefits planning

How do you choose the right agent?

Your agent will have real power over your money, so this is not a decision to make casually. Look for someone who is honest, organized and willing to take on the responsibility. Many people also name a backup agent in case the first choice cannot serve. Talk with your agent ahead of time so they know where your documents are and what you would want.

What happens if you do not have one?

If you become incapacitated without a power of attorney, your family may have to petition a court to appoint a guardian. That process can take time, cost money and play out in public, all while bills and deadlines keep coming. A power of attorney that is signed while you are healthy helps your family avoid that stress.

Pennsylvania has specific signing rules

A power of attorney is a powerful document, and Pennsylvania law sets requirements for how it must be signed and what it must say. A form downloaded from the internet may leave out important details or fail to meet those requirements, which can cause problems at the exact moment your family needs it. Working with an estate planning attorney helps make sure the document is valid and actually does what you intend.

Learn more about how we help families put these documents in place on our power of attorney page, or explore our full range of estate planning services.

Frequently asked questions

What is a power of attorney in Pennsylvania? A power of attorney is a legal document in which you name a trusted person, called your agent, to handle financial or legal matters for you if you cannot or choose not to do so yourself. It lets someone act for you without a court having to step in.

Do I need a power of attorney if I already have a will? Yes. A will only takes effect after you pass away. A power of attorney works while you are alive, so it covers the gap if illness, injury or dementia leaves you unable to manage your own affairs.

What happens if I become incapacitated without a power of attorney? Your family may have to ask a court to appoint a guardian to manage your affairs. That process can be slow, public and stressful, which is why many families put a power of attorney in place well ahead of time.

Take the next step

Questions about your own situation? Call Nalli-Elias Law at 724-375-4005 or 724-846-9100, or reach out through our contact form. Our office is at 150 Pleasant Drive, Suite 101, Aliquippa, PA 15001, open Monday through Friday, 9am to 5pm, with other hours by appointment. This article is general information, not legal advice, and reading it does not create an attorney-client relationship.