Our Pennsylvania Estate Planning Lawyers Handle Powers of Attorney and Living Wills
At Keystone Elder Law P.C., our Pennsylvania powers of attorney and living will lawyer is committed to helping people protect themselves, their finances, and their families. We offer a full range of estate planning services, including powers of attorney (POA) and living wills. If you have any specific questions or concerns about your options, we are here as a legal resource. Contact us at our Mechanicsburg office today for a fully confidential, no-obligation initial consultation.
What is a Power of Attorney (POA)?
Broadly explained, a power of attorney (POA) is a legal document that allows one person (the principal) to give another person (the agent or attorney-in-fact) the authority to act on their behalf. The agent can be granted broad or limited powers to manage the principal’s financial affairs, legal matters, or healthcare decisions. POAs are commonly used in estate planning, elder law, and situations where a person becomes temporarily or permanently unable to handle their own affairs.
An Overview of POA in Pennsylvania
In Pennsylvania, there are different types of POA documents depending on the circumstances and the scope of authority needed. Commonwealth law regulates POA. Here are some of the most important things to know about the POA laws in Pennsylvania:
- Durable vs. Non-Durable POA: A durable POA remains valid even if the principal becomes incapacitated. It is essential for long-term planning. A non-durable POA ends if the principal loses capacity.
- Limited (or Special) POA: In some cases, people may only provide a limited/special POA to their agent. This power grants authority for specific tasks or transactions, such as selling a property or signing documents during the principal’s temporary absence.
- Health Care POA (Medical POA): In Pennsylvania, a health care POA appoints an agent to make medical decisions on behalf of the principal if they become unable to do so. Notably, it is often paired with a living will.
- Execution Requirements: The POA must be signed by the principal, witnessed by two adults, and notarized. Agents must sign an acknowledgment accepting their legal duties. If the POA documents have flaws, that can cause very serious problems.
- Agent’s Fiduciary Duties: Under Pennsylvania law, agents must act in good faith, keep records, avoid conflicts of interest, and follow the principal’s instructions. Pennsylvania imposes serious penalties for abuse.
What is a Living Will?
A living will is a legal document that outlines your wishes for medical treatment if you become unable to communicate or make decisions due to serious illness or incapacity. It typically addresses end-of-life care. If you have specific wishes regarding your own health care, it is important to take the time to set up a living will. You should appoint a trusted person as your health care POA as well, but he or she will not be able to override the provision in your living will. The document speaks for you by clearly stating your preferences in advance. Health care providers are legally obligated to follow the instructions in a valid living will
Why Trust Our Pennsylvania Estate Planning Lawyer
Estate planning is complicated. You need a comprehensive strategy. A proper estate plan involves a lot more than setting up a will. You need powers of attorney and a living will. The founder of Keystone Elder Law P.C., Patrick Cawley, provides proactive guidance and support across the full range of estate planning matters. Do not go it alone. When you reach out to our Mechanicsburg office, you will have a chance to speak directly to a Pennsylvania estate planning attorney who can:
- Conduct a comprehensive, confidential review and evaluation of your case;
- Help you gather, organize, and prepare all supporting documents;
- Put the right power of attorney document in place for your situation; and
- Draft a living will that best protects your interests and achieves your goals.
Powers of Attorney and Living Will in Pennsylvania: Frequently Asked Questions (FAQs)
What legal authority does a financial power of attorney grant in Pennsylvania?
In Pennsylvania, a financial power of attorney allows the appointed agent to manage financial matters on behalf of the principal, such as paying bills, handling investments, or selling property. The document can be broad or limited in scope, and it must comply with state legal requirements under 20 Pa.C.S. § 5601. It is a key part of a comprehensive estate plan.
Do I still need a power of attorney if I am married?
Yes. Even if you are married, having a power of attorney is still important. Your spouse may not automatically have legal authority to act on your behalf in certain financial or medical situations. Creating a POA ensures someone you choose can legally handle things if you are unable to do so, either temporarily or permanently.
Is a living will legally recognized in Pennsylvania?
Yes. Pennsylvania law recognizes living wills under the Advance Directive for Health Care Act (20 Pa.C.S. § 5401 et seq.). A valid living will allows you to state your wishes regarding life-sustaining treatment if you become permanently unconscious or terminally ill and unable to communicate. To be enforceable, a living will must be signed and dated by you and witnessed by two adults.
How is a living will different from a healthcare power of attorney?
A living will provides written instructions about your end-of-life medical preferences, while a healthcare power of attorney names someone to make healthcare decisions for you. In Pennsylvania, both documents can be combined into one advance directive. Indeed, they are not “either/or” estate planning options. You can benefit from putting both into place.
Contact Our Pennsylvania Powers of Attorney and Living Will Attorney Today
At Keystone Elder Law P.C., our Pennsylvania estate planning attorney has extensive experience with powers of attorney and living wills. Have questions about your options? We can help. Contact us right away for a completely confidential, no-obligation initial consultation. We provide solutions-focused estate planning services in Pennsylvania.
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REGISTER HERE for LONG-TERM CARE PLANNINGPower of Attorney
A Power of Attorney can be used to give another person the right to sell a car, home, or other property in the place of the maker of the Power of Attorney. A Power of Attorney might be used to allow another person to sign a contract for the maker of the Power of Attorney (the person who makes a power of attorney is called the “principal”). It can be used to give another person the authority to make health care decisions, do financial transactions, or sign legal documents that the principal cannot do for one reason or another. With few exceptions, Powers of Attorney can give others the right to do any legal acts that the makers of the Powers of Attorney could do them themselves. A General Power of Attorney gives the “power of attorney Agent” or simply “Agent” (the legal name of the person who is authorized to act for the principal) very broad powers to do almost every legal act that the principal can do. When Elder Law Attorneys draft general Powers of Attorney, they still list the types of things the Agent can do but these powers are very broad. People often do general Powers of Attorney to plan ahead for the day when they may not be able to take care of things themselves. By doing the General Power of Attorney, they designate someone who can do these things for them.
Normal Powers of Attorney terminate if and when the principal becomes incompetent. Yet many people do Powers of Attorney for the sole purpose of designating someone else to act for them if they cannot act for themselves. It is precisely when persons can no longer do for themselves that a Power of Attorney is most valuable. To remedy this inconsistency, the law created a Durable Power of Attorney that remains effective even if a person becomes incompetent. The only thing that distinguishes a Durable Power of Attorney from a regular Power of Attorney is special wording that states that the power survives the principal’s incapacity. Even a Durable Power of Attorney, however, may be terminated under certain circumstances if court proceedings are filed. Most Powers of Attorney done today are durable.
Yes. At the time the Power of Attorney is signed, the principal must be capable of understanding the document. Although a Power of Attorney is still valid if and when a person becomes incompetent, the principal must understand what he or she is signing at the moment of execution. That means a person can be suffering from dementia or Alzheimer’s Disease or be otherwise incompetent sometimes but as long as they have a lucid moment and are competent at the moment they sign the Power of Attorney, it is valid even if they do not remember signing it at a later date. At the time it is signed, the principal must know what the Power of Attorney does, whom they are giving the Power of Attorney to, and what property may be affected by the Power of Attorney.
Any competent person eighteen years of age and older can serve as an agent. Certain financial institutions can also serve. There is no course of education that agent must complete or any test that Agent must pass. Because a Power of Attorney is such a potentially powerful document, agents should be chosen for reliability and trustworthiness. In the wrong hands, a Power of Attorney can be a license to steal. It can be a big responsibility to serve as an agent.
For Medicaid
Medicare is health insurance and covers medical services such as physician appointments, therapy, blood tests, x rays, medical procedures and hospitalization. Medicare will sometime pay for rehabilitation in a long-term care facility for a period of 20 to 100 days, but not longer. In long-term care, Medicaid covers the cost of ongoing support services for daily functioning, such as room and board in a nursing home.
Medicaid is a federal program that is overseen by the Center for Medicare and Medicaid Services (CMS). In Pennsylvania, Medicaid is called Medical Assistance and is administered by the Department of Human Services (DHS).
In Pennsylvania, Medicaid funds are not available to pay for assisted living or personal care.
For Medicaid to pay for care in a nursing home, an individual recipient must be determined to need a nursing home level of care by a physician and the local Office of Aging. An individual whose income is not greater than three times the poverty level may keep up to $8,000 of total resources, but may otherwise keep only $2,400. The cash value of life insurance counts as a resource, but one car and a residential home does not count as a resource.
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Empowering Clients with Holistic Planning at
Keystone Elder Law
At Keystone Elder Law, we believe that the physical, social, legal, and financial considerations of our clients all intertwine. We utilize an interdisciplinary approach to evaluate each area, which allows for the creation of a plan that addresses the concerns of the individual as a whole as well as the family. To this end, our model of practice includes a Care Coordinator (usually a nurse or social worker), whose expertise complements our team of attorneys.
When the road of life is smooth, decisions about legal and financial matters are easy to push aside for “a rainy day.” Planning ahead, however, will allow for more options as you view the map of where you’ve been and where you want to go. Don’t let a crisis limit your choices or derail your plans.
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