Power of Attorney in Montgomery County

Ready to put a power of attorney in place? Call us at (610) 365-4733 to schedule a complimentary initial consultation with our Montgomery County estate planning attorneys.

What a Power of Attorney Actually Does

A power of attorney authorizes one person (the agent) to act on behalf of another (the principal) in legal, financial, or medical matters. The scope of that authority is defined by the document itself. It can be broad, covering nearly every financial and legal decision the principal might need to make, or narrow, limited to a specific transaction or time period.

Financial powers of attorney typically cover bank accounts, real estate transactions, bill payment, tax filings, insurance claims, and investment management. A healthcare power of attorney serves a different purpose: it designates someone to make medical decisions when the principal is unconscious or otherwise unable to communicate. Healthcare POAs work alongside advance directives and living wills to give medical providers consistent, legally grounded guidance.

Types of Power of Attorney Under Pennsylvania Law

Pennsylvania recognizes several distinct forms of power of attorney, each suited to different circumstances. Understanding the differences helps you choose the right structure for your situation.

General Power of Attorney
Grants broad authority over financial and legal matters, including real estate, banking, and contracts. Under Pennsylvania law, a general power of attorney is durable by default. This means it remains in effect even if the principal becomes incapacitated unless the document explicitly states otherwise.

Limited Power of Attorney
Authorizes the agent to act in one specific transaction or for a defined period. Commonly used in real estate closings when one party can’t be present to sign.

Durable Power of Attorney
Remains effective even after the principal becomes incapacitated. Its authority continues notwithstanding the principal’s subsequent disability and doesn’t expire due to lapse of time unless the document says otherwise.

Durable Power of Attorney for Healthcare
A durable POA covering medical decisions specifically. The agent steps in when the principal is unconscious or otherwise unable to decide independently.

Springing Power of Attorney
Becomes effective only when a specified condition occurs, typically a physician’s determination of incapacity. It “springs” into effect rather than being active from the moment of signing.

For a POA to be valid in Pennsylvania, it must be signed before a notary and two adult witnesses. When real estate is involved, a copy of the POA typically must be filed with the Recorder of Deeds in any county where the property is held.

Why Family Law Experience Matters in POA Planning

Choosing the right agent is as important as drafting the document correctly. A general estate planning review looks primarily at financial assets, but family relationships rarely sort that cleanly. A pending divorce, contested custody arrangement, remarriage, or a parent’s declining health all affect who should hold authority and how that authority should be scoped.

Because Testa & Pagnanelli, LLC focuses on family law, we understand the relational complexities that shape these decisions. A POA drafted without accounting for a divorce in progress may create unintended authority or conflict with other active legal proceedings. We approach POA planning with that full picture in view, so the documents we draft reflect the realities of our clients’ lives.

What Happens Without a Power of Attorney in Pennsylvania

Without a valid POA, family members have no automatic legal authority to access finances, manage property, or make healthcare decisions for an incapacitated person. Pennsylvania law may require them to petition the court for a formal guardianship appointment instead.

Guardianship proceedings require a court hearing, physician testimony establishing incapacity, and ongoing court oversight. The process is time-consuming, costly, and emotionally difficult. An incapacitated person who is physically capable may be required to appear in court to hear testimony about their own incompetence. A properly drafted power of attorney can help avoid that process and keep decision-making authority within the family, where most people want it.

How We Help You Put a POA in Place

We draft both financial and healthcare powers of attorney, customized to each client’s specific circumstances and family relationships. When appropriate, we coordinate those documents with wills and advance directives so the full estate plan works together. As family situations change, documents can be updated or revoked. We serve clients throughout Montgomery County, PA, with additional offices in Philadelphia and the Radnor area, serving Delaware County.

Schedule Your Complimentary Consultation

Getting a power of attorney in place is straightforward when you work with attorneys who understand both the legal requirements and the family dynamics involved. We can review your situation, help you identify the right agent and scope of authority, and draft documents that reflect your actual circumstances.

Contact Testa & Pagnanelli, LLC to schedule a complimentary initial consultation. Call (610) 365-4733 or reach us through our online contact form to get started.