How a Power of Attorney Protects Pennsylvania Seniors
A power of attorney (POA) can provide powerful legal protection for seniors and vulnerable adults throughout Pennsylvania. A POA allows the agent, or chosen representative, to manage an individual’s financial affairs or medical matters if the person becomes incapacitated. Because of the legal intricacies involved, skilled legal guidance is always best. Our experienced estate lawyers at McMorrow Law, LLC, handle power of attorney services.
The Important Role that Power of Attorney Plays
A power of attorney is a legal document that grants an individual the authority to make key decisions on behalf of another person. The person the POA makes decisions for is often a senior or another vulnerable adult, and they are referred to as the principal.
Establishing a POA helps ensure a trusted individual can help the principal manage critical healthcare and medical concerns if they can’t do so themselves. Ultimately, POAs help seniors avoid the need for a guardianship or conservatorship appointed by the court and allow them to maintain control over their own affairs until they can’t.
The same is true for vulnerable adults. For a POA to be valid, the principal, whether a senior or vulnerable adult, must have had the mental capacity necessary to sign and execute the legal document when they did. The trusted person appointed to manage the principal’s affairs becomes the agent, or attorney-in-fact.
Various Types of POAS
In Pennsylvania, two primary types of POAS are available, and each serves a key role.
General POA
A general POA gives the agent broad authority to handle the principal’s financial concerns. Under Pennsylvania’s Uniform Power of Attorney Act, this authority is presumed to continue even if the principal later becomes incapacitated, unless the document specifically states otherwise. This continuing authority, known as durability, makes a POA an effective tool for protecting seniors and vulnerable adults through incapacity, not just while they remain fully capable.
Healthcare POA
A healthcare POA, also known as a healthcare or medical proxy, gives the agent authority to make medical decisions for the principal if they can’t do so for themselves.
The same trusted individual can serve in both roles, but the legal documents are separate. Some principals, however, choose two different people to fill the distinct roles, based on who is best suited for the important tasks involved. Discuss your needs with a capable elder law lawyer today.
Turn to Our Experienced Pennsylvania Elder Law Lawyers for the Help You Need
Our resourceful Pennsylvania elder law attorneys at McMorrow Law, LLC, have extensive experience handling POA matters, and we’ll do the same for you. For more information, please contact us online or call our firm at 412-407-2816 today.