FastCounsel

Disclaimer: This information is for educational purposes only and does not constitute legal advice.

Detailed Answer

Under Pennsylvania law, you can use a power of attorney or seek a guardianship to manage an elderly heir’s personal and financial affairs. Each path has its own rules and scope.

Durable Power of Attorney for Finances

Pennsylvania’s Uniform Power of Attorney Act (20 Pa.C.S. Ch. 56) allows an adult (the principal) to appoint an agent to handle financial transactions. The document can take effect immediately or upon a triggering event (springing). It remains valid during the principal’s incapacity if the form includes a durable clause.

• Use the statutory form or include required language. See 20 Pa.C.S. Ch. 56: https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20&div=0&chpt=56.
• Agent duties: act in the principal’s best interest, avoid conflicts, keep records.
• Revocation: The principal can revoke at any time if they have capacity.

Health Care Power of Attorney

A health care power of attorney authorizes an agent to make medical decisions. It follows 20 Pa.C.S. Ch. 54 and activates when the principal cannot decide for themselves.

• Statutory form and required provisions. See 20 Pa.C.S. Ch. 54: https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20&div=0&chpt=54.
• Agent must follow the principal’s wishes and state law.
• Termination: revocable by the principal while competent.

Guardianship

If no valid power of attorney exists or the heir lacks capacity, a court can appoint a guardian under the Guardianship and Protective Proceedings Act (GPPA), 20 Pa.C.S. Ch. 55. A guardian may manage personal care, finances, or both.

• File a petition in the Orphans’ Court Division of the county where the heir resides.
• Court-ordered capacity evaluation and hearing.
• Limited or plenary guardianship based on the heir’s needs.
• Ongoing court supervision and reporting requirements.
• See 20 Pa.C.S. Ch. 55: https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20&div=0&chpt=55.

Helpful Hints

• Discuss options with the heir while they are competent.
• Gather financial statements and medical records in advance.
• Consider capacity evaluations by qualified professionals.
• Review statutory forms and follow signing requirements.
• Consult an attorney to tailor documents and court filings.
• Update powers of attorney or guardianship orders as circumstances change.