Pittsburgh Power of Attorney
What is a Power of Attorney?
A power of attorney (POA) is a legal document that gives legal authority to someone, (the “agent” or “attorney-in-fact”), to make decisions on your behalf if you become incapacitated. As the principal, not only can you designate the person who will make decisions on your behalf but you can also set the amount of power that person possesses in dealing with your personal and financial matters. Most people will appoint a spouse, an adult child, relative, trusted friend, or an attorney as their agent. The person who is appointed is responsible for keeping accurate records of transactions that they conduct on your behalf. It is also highly important for an agent to understand what decisions they can make and cannot make on your behalf.
If you are looking for an attorney in Pittsburgh to prepare a power of attorney, then Herb & Winters Law is the right law firm for you. For over 40 years, Herb & Winters Law has proudly served the Greater Pittsburgh Area. Call us today schedule a consultation.
Are there different types of Powers of Attorney?
Yes, there are different types of powers of attorney and Pittsburgh based law firm Herb & Winters Law can guide you through this process and ultimately draft a power of attorney that fits your unique needs. The different types of powers of attorney include the following:
1. Healthcare Power of Attorney: A healthcare POA details important healthcare decisions that can be made on your behalf such as consenting to or denying medical treatments, diagnostic procedures, and services.
2. Financial Power of Attorney: A financial POA details important financial decisions that can be made on your behalf such as paying bills, accessing bank accounts, and managing other types of financial affairs.
3. General Power of Attorney: A general POA grants broad powers of your affairs to the agent including all matters related to your financial affairs, buying and selling property, entering into contracts, firing and hiring employees, making investments, and filing taxes (and much more).
4. Special Power of Attorney: A special POA grants limited powers over your affairs to the agent such as the power to act with respect to a single transaction, to specific kinds of transactions, or to act within a set period of time.
What is the difference between a Durable Power of Attorney and a Non-Durable Power of Attorney?
The distinction between whether a power of attorney is durable or non-durable is highly significant. If a power of attorney is non-durable, then the power of attorney authorizes the agent to act immediately once the document is signed. Moreover, a non-durable power of attorney ends when and if you become incapacitated. On the other hand, if a power of attorney is durable, the agent is generally authorized to act when the principal becomes incapacitated. If the principal becomes incapacitated and later regains his capacity, then the agent’s power to act is suspended. Generally, the durable power of attorney does not terminate until either the death of the principal or the principal revokes it.
Whether a power of attorney is durable or non-durable depends upon the terms used in the power of attorney. If you have questions about whether you should use a durable or non-durable power of attorney, schedule a consultation with Herb & Winters Law today so we can help you choose the right power of attorney that fits your unique needs.
Who needs a Power of Attorney?
In Pennsylvania, anyone over the age of 18 could potentially benefit from a power of attorney. The consequences of failing to have a power of attorney could be financially costly to your family and place them under a great deal of stress. If you became incapacitated without having a power of attorney, your family would have to petition the court to appoint a guardian or conservator to make decisions on your behalf. Additionally, the court may ultimately appoint someone who may have not been your preferred choice to make decisions on your behalf. While we all like to think that we will always be able to take care of ourselves and our families, an unexpected accident or illness could leave you incapacitated (i.e. unable to make decisions for yourself). The benefits of a power of attorney include giving you the power to choose who will make difficult decisions on your behalf, provide a clear expression as to what you would want to happen in the event you become incapacitated, and avoid the costly process of seeking a court appointed guardian or conservator. The bottom line is that a power of attorney provides you with more certainty and control with regards to whom will make decisions and what decisions can be made on your behalf in the event that you became incapacitated. You should prepare for the worst, hope for the best, but always have a plan in the event that you become incapacitated. At Herb & Winters Law, we can help guide you through the power of attorney process and design a plan that is right for your needs. Take control today and give us a call to schedule a consultation.
CONTACT US TODAY TO CONSULT WITH A PITTSBURGH POWER OF ATTORNEY LAWYER TODAY:
You have worked hard to build your estate and you want to ensure that your estate is managed in accordance with your wishes in the event that you become incapacitated. If you are looking for an attorney in Pittsburgh to prepare a power of attorney, then Herb & Winters Law is the right law firm for you. Trust our firm to preserve your wishes for how you want your assets managed and start today by giving us a call.
CALL JAMES M. HERB & ASSOCIATES TODAY TO DISCUSS YOUR NEEDS IN MORE DETAIL. (412) 533-4821