Discover how Changes to Powers of Attorney May Affect You with Help from Covelli Law Offices
February 10, 2015 (PRLEAP.COM) Business NewsFebruary 10, 2015 - On July 2, 2014, former Pennsylvania Governor Tom Corbett signed House Bill 1429 into law. Within the bill, major changes are slated for the way that Powers of Attorney will be handled. Make sure you stay on top of the latest updates, and that you are aware whether the changes will affect you - with help from the estate planning & probate lawyers at Covelli Law Offices. The bill was unanimously passed by both our State House and Senate, and took effect January 1st, 2015. Within the new law, four major changes are used to determine whether a Power of Attorney Document is valid.
The new change comes as a result of the Pennsylvania Supreme Court Decision in the Vine Court Case. In the Vine Case, a woman who was a Pennsylvania State Employee suffered a traumatic injury in a car accident. While in the hospital and unable to speak or comprehend things clearly, her husband had her execute a Power of Attorney in favor of her husband. As her acting agent, her husband began to make withdrawals from her State Employee Retirement System("SERS") Account and her retirement savings.
After recovering from her injuries, the women sued both the SERS Administrators arguing that she was not in a clear state of mind to execute a Power of Attorney, and then sought to divorce her husband. The Supreme Court of Pennsylvania ruled in favor of the woman (and against the State), marking the need for change in Power of Attorney laws and guidelines.
One of the changes to validity with POA is soundness of mind. The person signing the POA must be free of all mental illnesses or disability. In addition, the person who issues the Power must be acting on their own free will, without outside influence persuading them.
Other changes affect the actual signature of the POA. From this point forward, Powers of Attorney must be signed, dated, and the signature of the Principal Grantor must be notarized. Two disinterested individuals must witness this signature. The final change under the new law is that the Power of Attorney must have new language contained in the "Notice" and "Affidavit of Grantee."
For third parties who are attempting to determine the validity of a POA, the new changes have added extra steps. If you are struggling with the new changes, contact a local attorney and check out the slide show from Covelli Law Offices at http://covellilaw.com/slideshow-changes-powers-attorney-law-pa/.
For over 25 years, the legal team at Covelli Law Offices has served the Pittsburgh area and surrounding communities, gaining a reputation for their responsive action and strategic support. If you're looking for an experienced attorney to help guide you through the new changes to POA law, or any other legal concern you may have, contact Covelli Law Offices today and visit covellilaw.com.