Power of Attorney Lawyer Norristown

Having a power of attorney in place gives you the confidence that someone you trust can manage your financial or healthcare matters if you are unable to. At Brandywine Estate & Probate Lawyer, our Norristown-based power of attorney lawyer helps you create a legally binding document that reflects your wishes and protects your interests. For experienced guidance tailored to your needs, call 484-285-5707 to schedule a consultation.

What People Often Get Wrong About Powers of Attorney

Powers of attorney are some of the most important legal tools in estate planning. They allow one person to make decisions on behalf of another, usually when that person becomes unable to act for themselves due to illness, age, or incapacity. Despite their value, powers of attorney are widely misunderstood.

These misunderstandings can lead to mistakes in planning, or worse, leave families scrambling when emergencies arise. Knowing the truth behind common misconceptions helps you make informed decisions and avoid potential problems down the line.

Believing a Power of Attorney Only Applies After Death

One of the most widespread misconceptions is that a power of attorney applies after someone passes away. This is incorrect. A power of attorney is only valid during the lifetime of the person who creates it, known as the principal. Once that individual dies, the document becomes void.

At that point, responsibility typically shifts to the executor named in the person’s will or to an estate administrator appointed by the court if there’s no will. This distinction is crucial. If you want to control who handles your finances after death, a will is the right tool. For support during your lifetime, a power of attorney is what you need.

Thinking All Powers of Attorney Are the Same

Not all powers of attorney are created equal. There are several types, and each serves a different purpose. Some give broad authority, while others limit decisions to a specific time or type of task.

For example, a durable power of attorney remains in effect even if you become mentally incapacitated. A non-durable power of attorney, by contrast, becomes invalid in that situation. There’s also a medical or healthcare power of attorney, which allows someone to make medical decisions for you.

In Pennsylvania, individuals can create both financial and medical powers of attorney, and it’s often best to keep them as separate documents. Assuming one document covers everything can result in gaps that delay decisions when time matters most.

Assuming It’s Only for the Elderly

Another false belief is that powers of attorney are only necessary for seniors. While older adults are more likely to face age-related incapacity, accidents and illnesses can strike anyone at any age.

Unexpected situations like car crashes, surgeries, or sudden illness can leave someone temporarily or permanently unable to manage their own affairs. Having a power of attorney in place ensures that someone you trust can step in without court involvement. It’s a practical safeguard for adults of any age—not just retirees.

Believing a Spouse Automatically Has Authority

Many married couples assume that if something happens to them, their spouse can automatically handle all their financial and legal matters. This isn’t always true. While joint accounts may allow shared access, individual accounts, real estate transactions, and some medical decisions may still require legal authority.

Without a power of attorney, a spouse may be forced to go through a time-consuming and expensive guardianship process in court. Creating a power of attorney avoids that hurdle and gives peace of mind.

Thinking Verbal Authorization Is Enough

A casual agreement between two people, even spouses or close family members, does not carry legal weight. Powers of attorney must be in writing to be recognized by banks, medical providers, and other institutions.

In Pennsylvania, there are specific legal requirements for execution. A power of attorney must be signed by the principal, witnessed, and notarized. Failing to follow these steps can result in the document being rejected when it’s needed most.

Believing It Gives Unlimited Power Without Limits

It’s true that a power of attorney can give broad authority, but it’s not without checks. The principal controls what powers are granted and can include limitations or specific instructions in the document.

Additionally, the person acting as power of attorney—called the agent—has a legal duty to act in the principal’s best interest. If the agent misuses their power, they can be held legally responsible. Simply appointing someone does not give them free rein to do whatever they want.

Assuming It Can Be Used Immediately Without Conditions

Some people worry that once they sign a power of attorney, the agent can take over right away. In reality, you can structure the document to take effect only under certain conditions. This is known as a “springing” power of attorney.

For instance, you might choose to have the authority activate only if you become incapacitated, as certified by a doctor. This way, you keep control of your affairs while you’re still able, and your agent steps in only when necessary.

Thinking It’s Too Late to Make One After Diagnosis

Receiving a medical diagnosis like Alzheimer’s or dementia doesn’t automatically prevent someone from creating a power of attorney. The key is whether the person still has legal capacity at the time of signing.

In Pennsylvania, the person must understand what the power of attorney does and who they are appointing. Even in the early stages of cognitive decline, many people retain that ability. Acting quickly after a diagnosis can make all the difference in avoiding legal hurdles later.

Assuming It’s Set and Forget

Creating a power of attorney is not a one-time event. Like all estate planning documents, it should be reviewed and updated periodically. Changes in relationships, family dynamics, or legal requirements may call for revisions.

For instance, if your original agent moves out of state, becomes unavailable, or passes away, you’ll want to appoint someone new. It’s a good idea to revisit your plan every few years or after any major life change.

Relying on DIY Forms Without Legal Guidance

There are many templates and online forms available, but using them without legal review is risky. These forms may not comply with Pennsylvania law or may fail to reflect your specific wishes. An unclear or incomplete document can be challenged or rejected.

Working with an experienced estate planning attorney ensures that your power of attorney is properly drafted, legally valid, and tailored to your unique situation. It also gives you the chance to ask questions and consider the best person to name as your agent.

Powers of attorney are essential tools for maintaining control over your affairs when life takes an unexpected turn. But misinformation and assumptions often lead people to overlook or misuse them.

Plan Ahead with a Power of Attorney Attorney You Can Trust

Establishing a power of attorney is a proactive way to ensure your affairs are managed by someone you trust if you’re ever unable to do so yourself. At Brandywine Estate & Probate Lawyer, our knowledgeable power of attorney attorney in Norristown is here to provide personalized legal guidance and peace of mind. Take the next step in protecting your future—call 484-285-5707 to schedule your consultation today.