Power of Attorney Form for Pa

PENNSYLVANIA DURABLE GENERAL POWER OF ATTORNEY

DOCUMENT CONTROL & METADATA Document Title: Pennsylvania Durable General Power of Attorney Document ID: PA-POA-2024-INST-001 Effective Date: [Effective Date] Version: 1.0 (Institutional Grade) Governing Jurisdiction: Commonwealth of Pennsylvania Statutory Authority: 20 Pa. C.S. §§ 5601–5614

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1. STATUTORY NOTICE & LEGAL COMPLIANCE

NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING. THEY ARE EXPLAINED IN THE PRINCIPAL AND AGENT ACT, 20 PA.C.S. CH. 56. IF YOU HAVE ANY QUESTIONS ABOUT THESE POWERS, OBTAIN COMPETENT LEGAL ADVICE. THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER HEALTH-CARE DECISIONS FOR YOU. YOU MAY REVOKE THIS POWER OF ATTORNEY IF YOU LATER WISH TO DO SO.

NOTICE TO PRINCIPAL: As the "Principal," you must sign this form in the presence of a notary public and two witnesses. If you do not understand this document, you should seek legal advice.

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2. PARTIES & RECITALS

This Durable General Power of Attorney ("Agreement") is executed on this [Day] of [Month], [Year], in the Commonwealth of Pennsylvania.

PRINCIPAL: [Principal Full Legal Name] (the "Principal"), residing at [Principal Residential Address].

AGENT: [Agent Full Legal Name] (the "Agent"), residing at [Agent Residential Address].

SUCCESSOR AGENT (Optional): [Successor Agent Full Legal Name], residing at [Successor Agent Address], shall serve if the primary Agent is unable or unwilling to serve.

RECITALS: WHEREAS, the Principal desires to appoint the Agent to manage the Principal’s financial and legal affairs; and WHEREAS, the Principal intends for this power to be "Durable," meaning it shall not be affected by the Principal's subsequent disability or incapacity.

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3. MANDATORY PENNSYLVANIA STATUTORY NOTICE

(Required under 20 Pa. C.S. § 5601(c))

I, [Principal Full Legal Name], have read or had read to me this notice and I understand that the purpose of this power of attorney is to give the person I designate (my "agent") broad powers to handle my property, which may include powers to pledge, sell or otherwise dispose of any real or personal property without advance notice to me or approval by me.

This power of attorney does not impose a duty on my agent to exercise granted powers, but when powers are exercised, my agent must use due care to act for my benefit and in accordance with this power of attorney. A court can take away the powers of my agent if it finds the agent is not acting properly.

The powers and duties of an agent under a power of attorney are explained more fully in 20 Pa.C.S. Ch. 56.

If there is anything about this form that you do not understand, you should ask a lawyer of your own choosing to explain it to you.

I have read or had read to me this notice and I understand its contents.

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Signature of Principal

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4. EXHAUSTIVE OPERATIVE CLAUSES & LEGAL TERMS

4.1 Scope of Authority / Engagement

The Principal hereby appoints the Agent to act as the Principal’s true and lawful attorney-in-fact. The Agent is authorized to perform any and all acts the Principal could do if personally present, including but not limited to: (a) Real Property Transactions: To buy, sell, lease, mortgage, or otherwise encumber real property located in Pennsylvania or elsewhere. (b) Financial Institution Transactions: To open, close, and manage checking, savings, and investment accounts; to conduct wire transfers and sign negotiable instruments. (c) Tax Matters: To represent the Principal before the IRS and the PA Department of Revenue; to sign Form 2848 and file all tax returns. (d) Legal Claims & Litigation: To institute, settle, or abandon any legal claim or proceeding on behalf of the Principal.

4.2 Compensation & Payment Terms

The Agent shall be entitled to reasonable compensation for services rendered under this Agreement. (a) Invoicing: If the Agent is a professional fiduciary, they shall provide quarterly invoices to the Principal or the Principal’s estate. (b) Reimbursement: The Agent shall be reimbursed for all reasonable out-of-pocket expenses incurred in the execution of their duties. (c) Late Interest: Any authorized compensation not paid within thirty (30) days of the invoice date shall accrue interest at a rate of [Interest Rate, e.g., 1.5%] per month.

4.3 Term & Termination

(a) Durability: This Power of Attorney shall become effective immediately and shall not be affected by the subsequent disability or incapacity of the Principal. (b) Termination for Convenience: The Principal may revoke this Power of Attorney at any time by providing written notice to the Agent and recording said revocation in the County Recorder of Deeds if the POA was previously recorded. (c) Breach & Cure: If the Agent breaches their fiduciary duty, the Principal or a court-appointed guardian may terminate the Agent’s authority effectively immediately.

4.4 Intellectual Property Ownership

Any work product, financial strategies, or proprietary methods developed by the Agent specifically for the management of the Principal’s estate during the term of this engagement shall be considered "Work Made for Hire" as defined under the U.S. Copyright Act and shall be the sole property of the Principal.

4.5 Mutual Confidentiality & Non-Disclosure

The Agent shall maintain strict confidentiality regarding the Principal’s financial affairs, medical status, and personal data. This obligation survives the termination of this Agreement and the death of the Principal.

4.6 Representations & Warranties

The Principal warrants they are of sound mind and not under duress. The Agent warrants they have never been convicted of a felony involving fraud, embezzlement, or breach of fiduciary duty.

4.7 Limitation of Liability & Indemnification

The Agent shall not be liable for any loss resulting from an error of judgment made in good faith, provided the Agent exercised due care. The Principal’s estate shall indemnify and hold the Agent harmless from any liability, loss, or expense (including attorney fees) incurred in the performance of duties, except in cases of willful misconduct or gross negligence.

4.8 Dispute Resolution & Arbitration

Any dispute arising out of or relating to this Agreement shall be settled by mandatory, binding arbitration in [County Name], Pennsylvania, in accordance with the rules of the American Arbitration Association.

4.9 Governing Law & Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, specifically 20 Pa. C.S. Chapter 56.

4.10 Miscellaneous Provisions

(a) Severability: If any provision is held invalid, the remainder of the document remains in effect. (b) Counterparts: This document may be executed in counterparts and via electronic signature. (c) Entire Agreement: This constitutes the entire agreement between the parties regarding the Agent's authority.

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5. EXECUTION & FORMAL SIGNATURE BLOCKS

FOR THE PRINCIPAL: Signature: _____________________________________ Printed Name: [Principal Full Legal Name] Title: Principal Date: [Date]

WITNESS ATTESTATION: The undersigned witnesses certify that the Principal signed this Power of Attorney in our presence. Witness 1 Signature: _________________________ Printed Name: _________________________ Witness 2 Signature: _________________________ Printed Name: _________________________

NOTARY ACKNOWLEDGMENT: Commonwealth of Pennsylvania County of [County Name] On this day, before me, the undersigned officer, personally appeared the Principal, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument. Notary Public Signature: _________________________ My Commission Expires: [Date]

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6. AGENT’S ACKNOWLEDGMENT

(Required under 20 Pa. C.S. § 5601(d))

I, [Agent Full Legal Name], have read the attached power of attorney and am the person identified as the agent for the principal. I hereby acknowledge that when I act as agent:

1. I shall exercise the powers for the benefit of the principal.
2. I shall keep the assets of the principal separate from my assets.
3. I shall exercise reasonable care, skill and caution.
4. I shall keep a full and accurate record of all actions, receipts and disbursements on behalf of the principal.

FOR THE AGENT: Signature: _____________________________________ Printed Name: [Agent Full Legal Name] Title: Agent / Attorney-in-Fact Date: [Date]

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7. STEP-BY-STEP EXECUTION & FILING GUIDE

1. Preparation: Open this document in Microsoft Word or Google Docs. Replace all bracketed text (e.g., [Principal Full Legal Name]) with the actual legal identities.
2. Review Statutory Notice: Ensure the notice in Section 3 is on the first page or clearly highlighted as per PA law.
3. Identify Witnesses: Find two adult witnesses who are not the Agent and have no interest in the Principal's estate.
4. Notarization: Take the unsigned document to a Notary Public. The Principal must sign in the presence of the Notary and the two witnesses.
5. Agent Signature: The Agent must sign the "Agent's Acknowledgment" (Section 6) before exercising any powers. This does not have to happen simultaneously with the Principal but is required before the Agent acts.
6. Digital Execution: If using DocuSign or Adobe Sign, ensure the platform provides a "Certificate of Completion" that includes IP addresses and timestamps to satisfy PA's electronic signature requirements under the UETA.
7. Record Retention:
   • Original: Keep in a fireproof safe.
   • Copies: Provide copies to the Agent, banks, and the Principal's primary physician.
   • Recording: If the Agent will sell real estate, the original POA must be recorded in the Office of the Recorder of Deeds in the Pennsylvania county where the property is located.