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!

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