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PennsylvaniaLegal Self-HelpLSC-Grade

Legal Packet

Free legal self-help guide for Pennsylvania residents. This packet provides LSC-grade legal information to help you understand your rights and navigate the court system.

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GENERAL DURABLE POWER OF ATTORNEY

COMMONWEALTH OF PENNSYLVANIA

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NOTICE TO PRINCIPAL: THIS DOCUMENT GIVES THE PERSON YOU NAME (YOUR "AGENT")

BROAD POWERS TO HANDLE YOUR PROPERTY AND FINANCES. IT MAY GIVE YOUR AGENT THE

RIGHT TO ACCESS YOUR BANK ACCOUNTS, SELL YOUR PROPERTY, AND MAKE FINANCIAL

DECISIONS FOR YOU. THIS POWER OF ATTORNEY WILL CONTINUE TO BE EFFECTIVE EVEN

IF YOU BECOME DISABLED, INCAPACITATED, OR INCOMPETENT. YOU HAVE THE RIGHT TO

REVOKE THIS POWER OF ATTORNEY AT ANY TIME. YOU SHOULD SELECT SOMEONE YOU TRUST

IMPLICITLY TO BE YOUR AGENT. READ THIS DOCUMENT CAREFULLY BEFORE SIGNING.

NOTICE TO AGENT: THIS IS AN IMPORTANT DOCUMENT. IT GIVES THE PERSON NAMED

ABOVE (YOUR "PRINCIPAL") THE RIGHT TO HAVE YOU ACT ON THE PRINCIPAL'S BEHALF.

BY SIGNING BELOW, YOU ARE AGREEING TO ACT AS THE PRINCIPAL'S AGENT. YOU MAY

BE LIABLE TO THE PRINCIPAL OR THE PRINCIPAL'S ESTATE FOR ANY IMPROPER ACTIONS

OR FAILURES TO ACT. CONSULT AN ATTORNEY IF YOU HAVE QUESTIONS.

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I, [PRINCIPAL FULL NAME], currently residing at [ADDRESS], [CITY], [COUNTY]

County, Pennsylvania [ZIP CODE] (hereinafter referred to as "Principal"),

hereby appoint:

[AGENT FULL NAME], residing at [ADDRESS], [CITY], [STATE] [ZIP CODE]

Telephone: [PHONE NUMBER]

(hereinafter referred to as "Agent"), to act as my true and lawful

Attorney-in-Fact, to act for me and in my name, place, and stead, and for my

use and benefit, regarding any and all of my property and affairs now or

hereafter owned or held by me, with full power to do any and all of the

following, each of which is hereby separately authorized and ratified:

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GRANT OF GENERAL POWERS

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Pursuant to 20 Pa.C.S. Chapter 56 (Probate, Estates and Fiduciaries Code),

I grant my Agent the following powers:

  1. REAL PROPERTY TRANSACTIONS. To buy, sell, exchange, rent, lease, mortgage,

convey, transfer, improve, manage, maintain, repair, or otherwise deal with

any real property now or hereafter owned by me in Pennsylvania or elsewhere,

including the power to execute deeds, mortgages, notes, and other instruments.

  1. TANGIBLE PERSONAL PROPERTY. To buy, sell, exchange, rent, lease, loan,

pledge, store, maintain, repair, improve, or otherwise deal with any

tangible personal property now or hereafter owned by me.

  1. STOCKS AND BONDS. To buy, sell, exchange, transfer, vote, or otherwise

deal with any stocks, bonds, securities, or other investment property now

or hereafter owned by me.

  1. COMMODITIES AND OPTIONS. To buy, sell, exchange, assign, or otherwise deal

with commodities, futures contracts, or options now or hereafter owned by me.

  1. BANKS AND OTHER FINANCIAL INSTITUTIONS. To open, maintain, or close

accounts in any bank, savings and loan, credit union, or other financial

institution; to make deposits, withdrawals, or transfers; to borrow money

with or without security; and to execute all related documents.

  1. OPERATION OF BUSINESS. To continue, modify, or terminate any business or

business interest now or hereafter owned by me; to execute partnership

agreements, corporate resolutions, or other business documents.

  1. INSURANCE AND ANNUITIES. To purchase, sell, or surrender insurance

policies, annuities, or other contracts now or hereafter owned by me; to

pay premiums, collect proceeds, and exercise all rights under such policies.

  1. ESTATES, TRUSTS, AND OTHER BENEFICIAL INTERESTS. To accept, reject,

disclaim, or otherwise deal with any inheritance, gift, trust, or other

beneficial interest to which I may be entitled; to serve as executor,

administrator, or trustee if appointed.

  1. CLAIMS AND LITIGATION. To assert, prosecute, defend, settle, or abandon

any claim or litigation in which I am or may become a party or have an

interest; to execute releases, settlements, and other documents.

  1. TAX MATTERS. To prepare, sign, and file tax returns; to receive tax

refunds; to represent me before the IRS or Pennsylvania Department of

Revenue; to exercise all tax elections available to me.

  1. RETIREMENT PLANS. To make contributions to, select investment options

for, make withdrawals from, or roll over any retirement plan, IRA, 401(k),

pension, or other retirement account now or hereafter owned by me.

  1. SOCIAL SECURITY AND GOVERNMENT BENEFITS. To apply for, receive, and

manage Social Security benefits, Medicare, Medicaid, unemployment benefits,

veterans' benefits, or other government benefits to which I may be entitled.

  1. EMPLOYEE BENEFITS. To exercise any rights or options I may have under

any employee benefit plan, deferred compensation plan, or other benefit

arrangement.

  1. GIFTS. To make gifts of my property to any person, including the Agent,

in amounts consistent with my prior pattern of giving and estate planning

objectives, subject to the limitations set forth in 20 Pa.C.S. § 5603.

  1. FAMILY MAINTENANCE. To provide for the support, education, health, and

welfare of my spouse, children, and other dependents.

  1. TRANSFERS TO TRUST. To transfer any of my assets to any trust of which

I am a beneficiary.

  1. DISCLAIMER OF INTERESTS. To disclaim any interest in property that I may

be entitled to receive.

  1. SAFE DEPOSIT BOXES. To access, enter, open, add to, remove contents from,

and close safe deposit boxes in my name.

  1. ALL OTHER MATTERS. To do any other act, deed, matter, or thing whatsoever

in or about my estate, property, or affairs that I could do if personally

present.

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DURABILITY PROVISION

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THIS POWER OF ATTORNEY SHALL NOT BE AFFECTED BY MY SUBSEQUENT DISABILITY,

INCAPACITY, OR INCOMPETENCY. This Power of Attorney shall continue to be

effective notwithstanding my later disability, incapacity, or adjudication

of incompetence, pursuant to 20 Pa.C.S. § 5604.

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EFFECTIVE DATE

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This Power of Attorney shall become effective immediately upon execution.

[ALTERNATIVE — Delete the above and use this if you want a springing POA:]

This Power of Attorney shall become effective upon the written certification

by a licensed physician that I am incapacitated and unable to manage my

financial affairs.

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NOMINATION OF GUARDIAN

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If it becomes necessary for a guardian of my estate to be appointed, I

nominate my Agent, or if my Agent is unable or unwilling to serve, I nominate:

[SUCCESSOR AGENT FULL NAME]

[ADDRESS]

[CITY], [STATE] [ZIP CODE]

to serve as guardian of my estate.

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SUCCESSOR AGENT

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If my Agent dies, resigns, becomes incapacitated, or is unable or unwilling

to serve, I appoint the following as Successor Agent:

First Successor Agent:

[SUCCESSOR AGENT FULL NAME]

[ADDRESS]

[CITY], [STATE] [ZIP CODE]

Telephone: [PHONE NUMBER]

Second Successor Agent (if First Successor is unable or unwilling to serve):

[SECOND SUCCESSOR FULL NAME]

[ADDRESS]

[CITY], [STATE] [ZIP CODE]

Telephone: [PHONE NUMBER]

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REVOCATION

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I hereby revoke any and all prior Powers of Attorney that I have executed.

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SIGNATURES

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IN WITNESS WHEREOF, I have executed this Power of Attorney on this ___ day

of __________, 20___.

________________________________

[PRINCIPAL FULL NAME]

Principal (Signature)

________________________________

[PRINCIPAL FULL NAME - PRINTED]

Principal (Print Name)

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AGENT'S ACKNOWLEDGMENT

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I, [AGENT FULL NAME], acknowledge that I have read this Power of Attorney

and agree to act as Agent for the Principal. I understand my duties and

responsibilities under this document and under Pennsylvania law.

________________________________

[AGENT FULL NAME]

Agent (Signature)

________________________________

[AGENT FULL NAME - PRINTED]

Agent (Print Name)

Date: _______________

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WITNESS ACKNOWLEDGMENT

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The Principal signed or acknowledged this Power of Attorney in my presence

on this ___ day of __________, 20___.

Witness 1:

________________________________

[WITNESS NAME]

[ADDRESS]

[CITY], PA [ZIP CODE]

Witness 2:

________________________________

[WITNESS NAME]

[ADDRESS]

[CITY], PA [ZIP CODE]

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NOTARY ACKNOWLEDGMENT

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COMMONWEALTH OF PENNSYLVANIA

COUNTY OF _______________

On this ___ day of __________, 20___, before me, the undersigned officer,

personally appeared [PRINCIPAL FULL NAME], known to me (or satisfactorily

proven) to be the person whose name is subscribed to the within instrument,

and acknowledged that they executed the same for the purposes therein

contained.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

________________________________

Notary Public

My Commission Expires: ______________

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PENNSYLVANIA POWER OF ATTORNEY GUIDE

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LEGAL AUTHORITY:

  • 20 Pa.C.S. Chapter 56 (Probate, Estates and Fiduciaries Code)

TYPES OF POWERS OF ATTORNEY:

  1. GENERAL POWER OF ATTORNEY: Gives broad authority to handle financial

and property matters.

  1. DURABLE POWER OF ATTORNEY: Remains effective even if you become

incapacitated.

  1. SPRINGING POWER OF ATTORNEY: Becomes effective only upon incapacity

(requires physician certification).

  1. LIMITED POWER OF ATTORNEY: Authority limited to specific matters.

REQUIREMENTS FOR VALIDITY:

  • Principal must be at least 18 years old
  • Principal must be mentally competent
  • Must be signed by the Principal
  • Must be notarized
  • Two witnesses recommended (required for some financial institutions)

AGENT'S DUTIES (20 Pa.C.S. § 5608):

  • Act in the Principal's best interest
  • Keep accurate records
  • Act within the scope of authority granted
  • Avoid conflicts of interest
  • Preserve the Principal's estate plan

REVOCATION:

  • Principal may revoke at any time while competent
  • Revocation should be in writing
  • Notify the Agent and all financial institutions

FILING:

  • No filing required in Pennsylvania

NOTE REGARDING COURT USE (Pa.R.C.P.):

If this Power of Attorney or any related documents are submitted to a

Pennsylvania state court in any proceeding:

FORMATTING (Pa.R.C.P. No. 204.1): The first page must have a 3-inch (3")

blank top margin. Subsequent pages require a minimum 1-inch top margin.

CONFIDENTIAL INFORMATION (Pa.R.C.P. No. 207.1 — Effective Jan. 1, 2022):

Do NOT include SSNs, financial account numbers, driver's license numbers, or

minor children's full dates of birth in public court documents. Submit this

sensitive information on AOPC Form 3 (Confidential Information Form) filed

separately with the Prothonotary. Download at: www.pacourts.us/forms/for-the-public

  • Consider recording with the County Recorder of Deeds if real estate

transactions are anticipated

FINANCIAL INSTITUTION REQUIREMENTS:

Some banks and financial institutions may require their own forms or

additional documentation. Contact your financial institutions to determine

their specific requirements.

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LEGAL DISCLAIMER

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This document is provided for informational purposes only and does not

constitute legal advice. Powers of Attorney involve significant legal rights

and responsibilities. You should consult with a licensed Pennsylvania

attorney before executing this document.

Pennsylvania law regarding Powers of Attorney is subject to change. Verify

current requirements with the Pennsylvania Probate, Estates and Fiduciaries

Code or a qualified attorney.

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