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Fillable Printable General Power of Attorney - Pennsylvania

Fillable Printable General Power of Attorney - Pennsylvania

General Power of Attorney - Pennsylvania

General Power of Attorney - Pennsylvania

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Instructions & Checklist
Pennsylvania General Power of Attorney
[_] This package contains (1) Instructions & Checklist for General Power of Attorney; (2)
Information for General Power of Attorney; (3) General Power of Attorney
[_] This General Power of Attorney becomes effective immediately and remains effective
until the death of the Grantor or until the Grantor becomes disabled or incapacitated.
[_] The Principal (i.e. the person granting the power of Attorney) must be mentally
competent. In Pennsylvania, if the Power of Attorney is executed by mark (when the
Principal is incapable of signing) or by another individual (at the direction of the
Principal), then it shall be witnessed by two individuals, each of whom is 18 years of
age or older. A witness shall not be the individual who signed the power of attorney
on behalf of and at the direction of the principal. Furthermore, witnesses should not
be related by blood or marriage to the Principal, Agent or Notary. Although not
necessary, signing the document before a Notary is suggested. Notarization will also
allow the Power of Attorney to be recorded as a public record, if necessary.
[_] The Principal must also sign the “Notice to Principal” at the beginning of the Power
of Attorney document.
[_] The Agent (i.e. Attorney in Fact) will have to sign the Acknowledgement at the
bottom of the Power of Attorney document. The Agent shall exercise th e powers for
the benefit of the Principal. The Agent shall keep separate the assets of the Principal
from those of the Agent. The Agent shall exercise reasonable caution and prudence.
The Agent shall keep a full and accurate record of all actions, receipts and
disbursements on behalf of the Principal.
[_] The Principal should keep the original document, as well as a copy. The Agent should
have access to the original document as needed. The Agent could also have an
original document (i.e. with original signatures). The Agent should be prepared to
make copies for different transactions he undertakes.
[_] The Principal should be careful in instructing the Agent (or attorney-in-fact) as to the
tasks the Agent should complete. The Grantor should also be very careful in the
selection of the Agent. The powers granted by this document are very broad and
sweeping, as the Agent has the power to handle business and legal matters on the
Principal’s behalf.
[_] These forms are not intended and are not a substitute for le gal advice. These forms
should only be a starting point for you and should not be used without consulting with
an attorney first. An Attorney should be consulted before negotiating any document
with another party.
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[_] The purchase and use of these forms is subject to the Disclaimers and Terms of Use
found at findlegalforms.com
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Information
General Power of Attorney
A General Power of Attorney allows a natural “mentally” competent person (called the
“Principal” or “Grantor”) to authorize someone else (called the “Agent” or “Attorney-In-
Fact”) to act on his or her behalf. This particular Form becomes effective immediately
and remains effective until the death of the Grantor or until the Grantor becomes disabled
or incapacitated.
Note that the word "attorney" is not used here to mean "lawyer". The person acting as
the Attorney-In-Fact for the Principal does not need to be a lawyer. Almost anyone can
be appointed an Attorney-In-Fact by a power of attorney. The Agent should be a
competent adult. A Power of Attorney is a “powerful” instrument and should be granted
with care. Any action undertaken by the Agent, within the scope of the Power of
Attorney document, will be legally binding upon the Grantor. The Grantor can revoke a
General Power of Attorney at any time.
A General Power of Attorney should always be notarized, even if your state does not
require it, especially if the Agent will be dealing with any real property. Notarization will
make it more difficult for any third party to challenge the validity of the Power of
Attorney and will allow the General Power of Attorney to be recorded as a public record,
if necessary.
Although, some states don’t require that a General Power of Attorney be witnessed, it is
always a very good idea to do so.
Another type of Power of Attorney, called a Durable Power of Attorneys (available at
findlegalforms.com as well), stays in effect even if the Grantor later becomes disabled or
incapacitated.
Please note that this information is not intended as and is not a substitute for legal advice.
Furthermore, this information is general information that is not state specific. Whenever
appropriate, the instructions included with the forms packages offered for sale, generally
include state specific instructions.
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CAUTION!
PRINCIPAL: The Powers granted by this power of
attorney document are broad and sweeping. Before
signing this document, consider its consequences. You
(“principal”) are providing another person (“agent”) with
the power to handle business and legal matters on your
behalf, including the power to sell, mortgage or dispose
of your property. Any such action undertaken by your
agent, within the scope of this power of attorney
document, is legally binding upon you. 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.
AGENT: By accepting or acting under the appointment,
the agent assumes the fiduciary and other legal
responsibilities of an agent.
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PENNSYLVANIA GENERAL POWER OF ATTORNEY
NOTICE TO PRINCIPAL / GRANTOR:
THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE
PERSON YOU DESIGNATE (YOUR "AGENT") BROAD POWERS TO
HANDLE YOUR PROPERTY, WHICH MAY INCLUDE POWERS TO
SELL OR OTHERWISE DISPOSE OF ANY REAL OR PERSONAL
PROPERTY WITHOUT ADVANCE NOTICE TO YOU OR APPROVAL
BY YOU.
THIS POWER OF ATTORNEY DOES NOT IMPOSE A DUTY ON YOUR
AGENT TO EXERCISE GRANTED POWERS, BUT WHEN POWERS
ARE EXERCISED, YOUR AGENT MUST USE DUE CARE TO ACT FOR
YOUR BENEFIT AND IN ACCORDANCE WI TH THIS POWER OF
ATTORNEY.
YOUR AGENT MAY EXERCISE THE POWERS GIVE N HERE
THROUGHOUT YOUR LIFETIME, EVEN AFTER YOU BECOME
INCAPACITATED, UNLESS YOU EXPRESSLY LIMIT THE DURATION
OF THESE POWERS OR YOU REVOKE THESE POWERS OR A COURT
ACTING ON YOUR BEHALF TERMINATES YOUR AGENT'S
AUTHORITY.
YOUR AGENT MUST KEEP YOUR FUNDS SEPARATE FROM YOUR
AGEN'TS FUNDS.
A COURT CAN TAKE AWAY TH E POWERS OF YOUR AGENT IF IT
FINDS YOUR 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 EXPLAINED TO ME THIS NOTICE AND I
UNDERSTAND ITS CONTE NTS.
_________________________________ __________________________
Signature of Principal / Grantor Date
_________________________________
Name of Principal / Grantor
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KNOW ALL PERSONS BY THESE PRESENTS:
I, ____________________________________ (“Principal”) maintaining an address at
_______________________________________________ do hereby make and appoint
________________________________________ (“Agent”) maintaining an address at:
_____________________________________________________ my true and lawful
attorney-in-fact for me and in my name, and in my behalf.
My Agent shall have full power and authority to perform any act, power, duty, legal right
or obligation whatsoever that I now have or may later acquire in connection with or
relating to any person, item, transaction, thing, business, property, real or personal,
tangible or intangible, or matter whatsoever as I could do if personally present. I hereby
ratify and confirm all acts that my Agent, or my Agent’s substitute or substitutes, shall
lawfully do or cause to be done by virtue of this power of attorney and the rights hereby
granted. My Agent’s powers and authority shall empower him (her) to do any or all of the
following, each of which is defined in 20 Pa.C.S.A.5603 (relating to implementation of
power of attorney):
1. “To make limited gifts.”
2. “To create a trust for my benefit.”
3. “To make additions to an existing trust for my benefit.”
4. “To claim an elective share of the estate of my deceased spouse.”
5. “To disclaim any interest in property.”
6. “To renounce fiduciary positions.”
7. “To withdraw and receive the income or corpus of a trust.”
8. “To authorize my admission to a medical, nursing, residential or similar
facility and to enter into agreements for my care.”
9. “To authorize medical and surgical procedures.”
10. “To engage in real property transactions.”
11. “To engage in tangible personal property transaction.”
12. “To engage in stock, bond and other securities transactions.”
13. “To engage in commodity and option transactions.”
14. “To engage in banking and financial transactions.”
15. “To borrow money.”
16. “To enter safe deposit boxes.”
17. “To engage in insurance transactions.”
18. “To engage in retirement plan transactions.”
19. “To handle interests in estates and trusts.”
20. “To pursue claims and litigation.”
21. “To receive government benefits.”
22. “To pursue tax matters.”
23. “To make an anatomical gift of all or part of my body.”
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This General Power of Attorney and the rights, powers, and authority of my Agent shall
become effective immediately upon execution of this instrument. The rights, powers, and
authority of this document shall remain in full force and effect thereafter until my death
or until my disability or incapacity.
As used herein, "disability" or "incapacity" shall m ean a lack of capacity to receive and
evaluate information effectively, to communicate decisions, and/or to manage my
financial resources and affairs properly.
My Agent shall be entitled to reimbursement of all reasonable expenses incurred as a
result of carrying out any provision of this Power of Attorney. If desired, my Agent shall
also be entitled to reasonable compensation for any services provided as my Agent
If so requested by myself or any authorized personal representative or fiduciary acting on
my behalf, my Agent shall provide an accounting for all funds handled and all acts
performed as my Agent.
This Power of Attorney shall be construed broadly as a General Power of Attorney. The
listing of specific terms, rights, acts or powers are not intended to restrict or limit the
definition or scope of powers granted herein in any manner. If any part of this document
is held to be invalid, illegal or unenforceable under applicable law, then the remaining
unaffected parts of the document shall still remain in full force and effect and not be
affected by any partial invalidity.
No person needs to inquire as to the reasons for the use or issuance of this power-of-
attorney or as to the disposition of any proceeds paid to my Agent based on this
document.
The powers granted to my Agent by this power-of-attorney are limited to the extent
necessary to prevent (a) my income to be taxable to my Agent; (b) my Agent to have any
rights or ownership with respect to any life insurance policies I may own on the life of
my Agent; and/or (c) my assets to be subject to a general power of appointment by my
Agent.
Any third party who receives a copy of this document may act under it. Revocation of the
power of attorney is not effective as to a third party until the third party has actual
knowledge of the revocation. I agree to indemnify the third party for any claims that arise
against the third party because of reliance on this power of attorney. If this General
Power of Attorney is terminated by operation of law, any person relying in good faith on
the authority of this document, without notice of such termination, shall be held harmless.
Agent shall not be liable for losses resulting from judgment errors made in good faith.
However, Agent will be liable for breach of fiduciary duty, failu re to act in good faith
and/or willful misconduct, while acting under the authority of this Power of Attorney.
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I may revoke this Power of Attorney at any time by providing written notice to my
Agent.
Signed on ________________ (date), at _______________________ (city),
Pennsylvania.
________________________________
Signature of Principal
Witness Signature: ___________________________________
Name: ___________________________________
City: __________________________________
State: ___________________________________
Witness Signature: ___________________________________
Name: ___________________________________
City: __________________________________
State: ___________________________________
State of PENNSYLVANIA )
)ss
County of ________________________ )
The foregoing instrument was acknowledged before me this _____ day of
____________________, ______ by __________________________ (name of
Principal), who is personally known to me or who has produced
________________________________ as identification.
_________________________________
Signature of person taking acknowledgment
(Notary Public)
_________________________________
Name typed, printed, or stamped
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Acknowledgment by Agent
I, ___________________________________, have read the attached power of attorney
and am the person identified as the Agent for the Principal. I hereby acknowledge that in
the absence of a specific provision to the contrary in the power of attorney or in 20
Pa.C.S. when I act as agent:
I shall exercise the powers for the benefit of the principal.
I shall keep the assets of the principal separate from my assets.
I shall exercise reasonable caution and prudence.
I shall keep a full and accurate record of all actions, receipts and disbursements on behalf
of the principal.
______________________________
Signature of Agent
_______________________________
Date
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20 Pa.C.S.A. Section 5606 states that an affidavit executed by the agent under a power of attorney stating
that he did not have at the time of exercise of the power actual knowledge of the termination of the pow er
by revocation, death or, if applicable, disability or incapacity or the filing of an action in divorce and that, if
applicable, the specified future time or contingency has occurred, is conclusive proof of the nonrevocation
or nontermination of the power at that time and conclusive proof that the specified time or contingency has
occurred.
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