06/17/2026
Why a Financial Power of Attorney Is Essential in a Pennsylvania Estate Plan (Even If You Have a Will)
In my previous post, I discussed the foundational role of a will based estate plan in your Pennsylvania Estate Plan. One of the documents I mentioned was a Financial Power of Attorney. Today, I am going to expand upon why a POA is so critical to a complete estate plan.
A Financial Power of Attorney is a legal document in which you (the principal) appoint another person (your agent or attorney-in-fact) to make financial and property decisions on your behalf. This can include tasks like paying bills, managing bank accounts, filing taxes, buying/selling property, or handling investments.
In Pennsylvania, these documents are governed by Chapter 56 of Title 20 of the Pennsylvania Consolidated Statutes. They are presumed to be durable, meaning the agent's authority continues even if you become incapacitated due to illness, injury, or cognitive decline.
A financial POA is important because it can help to avoid Orphans Court litigation for guardianship, it handles incapacity, it complements your Will (as the Will only takes effect at death), and it can provide peace of mind to you and your loved ones.
A financial POA is effective as soon as the document is executed. I generally recommend an immediate durable POA for most clients, with clear instructions limiting the agent's powers if desired. If a situation arises where a “springing” POA is necessary, a consultation is necessary to understand how to structure that clause of the POA so the document accomplishes your goal.
Before creating a POA, choose your agent wisely. It should be someone who is trustworthy, financially responsible, and organized. You should decide ahead of time, or consult with your attorney, the scope of authority you want to provide your agent. The POA must be signed by you in the presence of a notary, and two adult witnesses (who are not the agent). The agent must also sign an acknowledgment of their financial duties.
If you're ready to strengthen your estate plan beyond a basic will, schedule a consultation with me.
Important Disclaimer: This is general information for educational purposes and not legal advice. Estate planning is highly personal—laws can change, and your situation is unique. Consult a qualified Pennsylvania attorney to draft documents tailored to your needs.
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