We are a Veteran Owned Business, providing 20% discounts for Veterans, First Responders, Elementary and High School teachers. We remain open during the shutdown period, so please contact us to set up a phone or Zoom meeting. Taking care of you and your family, It's What We Do!

Skip to Content
Klenk Law

Pennsylvania Power of Attorney Law Act 95

Posted on Tue Mar 3, 2015, on Power of Attorney

From our “Ask a Question” Mailbag: Pennsylvania Power of Attorney Law Act 95

Most Recently Updated July 9, 2018

“How does the Power of Attorney Law (Act 95) Affect Estate Planning in Lehigh County?”

Pennsylvania Power of Attorney Law Act 95

Pennsylvania Power of Attorney Law Act 95

In 2015, the Pennsylvania Legislature announced Act 95, which aimed to provide greater protection for those granting a power of attorney.

What Exactly is a Power of Attorney?

A power of attorney is a document that explicitly appoints a person (your Agent) certain powers and decision-making authority over your specified legal, financial or medical matters. A power of attorney can be utilized for health or medical decisions or both, and they do not have to be the same person. Most often, a power of attorney is used when you become incapacitated or unable to handle your own affairs.

So What Changed?

The immediate impact felt was the requirement of witnesses and notarization of powers of attorney. A power of attorney executed without a notary and witness present would be invalid and unusable. Further, the notary could not be your agent and the witnesses could not be the notary or your agent.

The new law required powers of attorney to be written with more specificity. For instance, under Act 95 law a person holding a power of attorney must be specifically granted power to make gifts, amend an inter vivos trust, create or change rights of survivorship, disclaim property or change beneficiaries designations. Previously, Agents could have taken these measures with uncertainty. 

It’s What We Do!

Klenk Law is well ahead of the curve on these changes. All estate documents signed in our Pennsylvania office are witnessed and notarized. Also, if you have a Klenk Law Pennsylvania barred estate planning attorney present at the time you sign the Power of Attorney, that attorney will be a qualified notary in Pennsylvania.

More Planning Questions?

PA Act 95 and the Power of Attorney is only a piece of the Estate Planning process. By all means, if you want to learn more, please read my more detailed article, Estate Planning Everything You Need to Know.

In Conclusion: Pennsylvania Power of Attorney Law Act 95

I hope that this article was helpful in explaining the PA Act 95. Further, I included links to even more detailed information on my website so you can learn more. Therefore, please contact me and let me know how I did. Certainly, your comments and questions are welcome!

Let our Estate Planning lawyers help walk you through what can be a confusing process. To begin with, call to speak to one of our experienced estate planning lawyers.  By all means, our lawyers are ready to answer your questions. In fact, feel free to contact our office for a free consultation. Ultimately our goal is to make the process as painless as possible!

Wills, Trusts, Probate, and Estate Litigation, It’s All We Do!

 

Tags:

Estate Planning, Estate Planning Attorney, Estate Planning Lawyer, Gifting Powers, Lehigh County, Pennsylvania, Power of Attorney

What Our clients are saying

Klenk Law Logo
Stars

Peter and his staff handled all of our needs in a very professional and timely matter.

Klenk Law Logo
Stars

Integrity, exceeding the client's expectations. In-depth knowledge of the law

Klenk Law Logo
Stars

I saw four lawyers and was told by all of them; I should just forget contesting my mother's will. I knew what happened, but it is very hard to prove undue influence. I contacted the Law Offices of Peter L. Klenk & Associates. Attorney Amanda DiChello took my case. They were very honest and upfront about what would be involved trying to prove what I knew was true. Attorney DiChello may be young but she is extremely knowledgeable and skilled. She listened and understood what I conveyed to her. She knew exactly what information to use and crafted an outstanding interrogatory and many powerful depositions. Attorney DiChello understood the various emotional feelings this case created for my family and me; she was always there for us with a kind and encouraging word. We went to trial. The amount of work which she and her Paralegal did for the trial was incredible. They both knew my case inside and out! Attorney DiChello's powerful interrogative and thinking skills produced a positive outcome. Attorney DiChello did what other seasoned lawyers said was impossible!

Klenk Law Logo
Stars

Peter is a model attorney who puts his clients first at all costs. His extensive expertise in estate planning and tax planning was a great comfort as we began, and have expanded, our family. He is very thoughtful, generous, and quick witted. His approach towards his business has been an inspiration to his peer group, and his zest for life is extremely infectious. Without reservation, I highly recommend Peter as trusted and cherished counsel

Klenk Law Logo
Stars

Great firm. Great people. Happy to refer folks in need to estate planning to Peter and his team. They do great work.

Let us put our expertise to work for you.

Free consultation within 24 hours.