Aunt Gertrude trusts her niece Milly; that’s why she appointed Milly to be her agent on her power of attorney document. Milly does not have any special training, she is simply a good- natured, good-hearted niece to Aunt Gertrude and she wants to help her Aunt. She has a high school degree and is reasonably intelligent. That’s good enough, right?
There was a time when I would have answered, “The most important thing is that you have a high level of confidence in the agent you have chosen. She can learn how to handle things, and she can always call on others to help her.”
However, the new Power of Attorney Law (Act 95) in Pennsylvania requires that your agent have knowledge of your expectations and that knowledge implies that your agent to have a grasp of fiduciary duties which is more complex than in days gone by.
An agent (no longer “Attorney In Fact”) must rely on her knowledge of the principal’s wishes and desires and understand when she can insert her own judgment for that of the principal; not an easy task for a trained attorney! We can help you make sense of the new Power of Attorney law.
Please contact Mateya Law Firm to help you with your estate planning needs, including the Power of Attorney document.
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