This legal instrument grants one person (the agent) the authority to act on behalf of another person (the principal) in various matters, including financial, legal, and medical decisions. Find a qualified attorney near you.The concept of power of attorney (POA) is an essential component of legal proceedings and personal planning in Pennsylvania, as well as in other states across the United States. To determine the best way for your family to provide care, consult with your attorney. If necessary, a mediator can help families come to an agreement on care. Drafting a formal sibling agreement (also called a family care agreement) is a way to give guidance to the agent under the power of attorney and provide for consequences if the agreement isn’t followed.Įven if you don’t draft a formal agreement, openly talking about the areas of potential disagreement can help. Sibling disputes over how to provide care or where a parent will live can escalate into a guardianship battle that can cost the family thousands of dollars. The best way to name two co-agents is to let the agents act separately.Īnother option is to steer clear of family members and name a professional fiduciary. You need to be careful how this is worded, or it could cause more problems. If you are drafting a POA document and want to avoid the potential for conflicts, there are some options. The court will need to appoint an executor or personal representative to manage the decedent’s property. If the principal under the power of attorney dies, the agent no longer has any power over the principal’s estate. If the court finds the agent is not acting in the principal’s best interest, the court can revoke the power of attorney and appoint a guardian. If the agent is acting improperly, family members can file a petition in court challenging the agent. Once a parent is no longer competent, they cannot revoke the power of attorney.
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