Media Pa Powers of Attorney and Pa Agents – Document Purposes
A Pa Power of Attorney grants your Pa Agent (Fiduciary) the ability to control all of your affairs.
It is a very powerful document; it permits your Pa Agent the broadest of powers to do anything that you could have done (i.e., give all of your money away).
Yet, inherent in the broad powers that your Pa Agent possesses is the possibility – the extremely real possibility – that your Agent under your Power of Attorney may actually do anything that you could have done (i.e., give all your money away).
Media Pa Powers of Attorney and Pa Agents – Fiduciary Traits
Your Agent should be able and willing, first and foremost.
Your Agent should also be levelheaded and familiar.
Media Pa Powers of Attorney and Pa Agents – Common Misconceptions
A common misconception is that a Power of Attorney eliminates your ability to act for yourself. Quite to the contrary, and until you are deemed to be incapacitated, a Power of Attorney should properly be viewed as a “shared authority.” After you have executed a Power of Attorney, you still retain all of the powers and decision-making abilities that you possessed beforehand, including the power to revoke the Power of Attorney.
Another common misconception is that your Agent needs your permission to act. Quite to the contrary, a Power of Attorney is a very powerful document. It permits your Agent the broadest of powers to do anything that you could have done (i.e., give all of your money away), and, inherent in the broad powers that your Agent possesses is the possibility – the extremely real possibility – that your Agent under your Power of Attorney may actually do anything that you could have done (i.e., give all your money away).
The Media Pa Probate Attorneys Guide is the core of this website. It consists of the best, most important articles, posts, and pages on this website. Their focus is to provide the best and most complete information on a particular topic, rather than to sell my services.
John B. Whalen, Jr., JD., LL.M., is an AV Peer Review Rated Preeminent 5.0 and Avvo Rated 10.0 Superb. He has obtained over 95 client reviews and peer endorsements) premier and prestigious Attorney and Counselor at Law.
John is located at 696 Pont Reading Road Ardmore Pa 19003. He serves all surrounding counties. His office is open all 7 days, from 9:00 AM to 10:00 PM, and on evenings, weekends, and holidays. Mr. Whalen provides free initial consults all seven days, provides home visits, and provides flat fee structures. He can be reached by email at jw60297@me.com, and by telephone at 1-610-999-2157.
John has amassed over 60 prestigious and premier professional awards and over 5000 client reviews and endorsements. He achieved the AV Peer Review Rated Preeminent award from Martindale, He also received the AV Peer Judicial Preeminent award. He is a recipient of the Avvo Rated Superb 10.00 award. He is also a recipient of the Avvo Rated Top Lawyer award, the Clients’ Choice Award. He has also received the Top One Percent (1%) award.
He is the recipient of the Legum Magister Post-Doctorate Degree (LL.M.) in Taxation (from the Villanova University School of Law). He is the recipient of the American Jurisprudence Award in Wills, Trusts, and Estates (from the Widener University School of Law).
He is the recipient of the ABA-BNA Law Award for Academic Excellence (from the Widener University School of Law).
The best gift you can give your loved ones is to have your Pa Estate Planning complete. Unfortunately, to a great extent, misinformation about critical terms such as Pa Inheritance Tax, Federal Estate tax, Pa Probate, avoiding probate, simple will, and Pa Living Trust, tends to lead to misunderstandings of Pa Estate Planning. These misunderstandings, in turn, tend to lead to mistakes in Pa Estate Planning. These mistakes, again, in turn, tend to lead to unintended results after one’s death. In an effort to eliminate such misinformation, misunderstandings, and mistakes, this article will hopefully serve as a review – in very simple terms – of the basic, core issues of Pa Estate Planning and its basic documents.
Media Pa Estate Planning Guide – The Summary
There are four primary documents that tend to form the foundation of most good Pa Estate Plans. These documents are a
Pa Power of Attorney,
Pa Advance Directive for Health Care (a Pa Living Will),
Pa Last Will, and (at, times)
Pa Trust
Although each document has a different purpose, each document designates someone who is responsible for carrying out the wishes set forth in the document.
I refer to these people – those in charge – as “The Bosses.
Media Pa Estate Planning Guide – The Bosses
Each document has a boss who is in charge of carrying out the terms of that particular document. Under Pennsylvania law, the proper terms for the bosses are:
Pa Agent (under a Pa Power of Attorney),
Pa Surrogate (under a Pa Living Will),
Pa Executor (under a Pa Last Will),
Pa Trustee (under a Pa Trust).
Although a technical knowledge of these terms can be useful, it is not the point of this article.
The focus is to illustrate that an Agent, a Surrogate, an Executor, and a Trustee are just the bosses of that respective document.
Media Pa Estate Planning Guide – The Powers
Each boss has powers, and these powers can be summarized very simply.
Pa Agent (under a Power of Attorney) can help manage all of your affairs
Pa Surrogate (under a Pa Living Will) can ensure your end of life decisions.
Pa Executor (under a Pa Last Will) can administer your Pa Estate
Pa Trustee (under a Pa Trust) can monitor and manage your Pa Trust.
Again, and although a technical knowledge of the parameters of these various powers can be useful, it is not the point of this article.
The focus is to illustrate that a Pa Agent, a Pa Surrogate, a Pa Executor, and a Pa Trustee can generally possess broad powers to act for you under that respective document.
Media Pa Estate Planning Guide – The Traits
Although all four of the documents require bosses that possess certain traits or characteristics in order for that document to be as effective as possible, I have experienced that two traits should be inherent in all of the bosses of all four of the documents
Ability
Willingness.
Although the bosses of each of the documents should also possess additional traits for that particular document to be effective (all of which shall be addressed later), unless your boss is able and willing to act on your behalf, your desires and wishes may not be followed.
Media Pa Estate Planning Guide – The Documents
There are four primary documents that tend to form the foundation of most good Pa Estate Plans. A succinct review of each, and the misunderstandings of each, follows.
Media Pa Estate Planning Guide – Powers of Attorney
A Pa Power of Attorney can grant your boss (Pa Agent) the ability to control all of your affairs. It is a very powerful document; it can permit your Pa Agent the broadest of powers to do anything which you could have done (i.e., give all your money away), but yet, inherent in these broad powers, is the reality that your Pa Agent may actually do anything which you could have done (i.e., give all your money away).
A Pa Power of Attorney can be durable (effective after you are incapacitated), current (effective now), or springing (effective upon the happening of a future event (i.e., the decision by your treating physician that you can no longer act for yourself).
A common misconception is that a Pa Power of Attorney eliminates your ability to act for yourself. Quite to the contrary, and until you are deemed incapacitated, a Pa Power of Attorney should properly be viewed as a shared authority – you still retain all of the powers and decision making ability that you possessed before you executed the Pa Power of Attorney.
With respect to additional traits that your boss should possess (in addition to being able and willing), I have found that your boss (Agent) should also be:
Levelheaded
Familiar with your affairs.
Media Pa Estate Planning Guide – Living Wills
A Pa Advance Directive for Health Care can grant your boss (Pa Surrogate) the ability to execute your end of life decisions and decide whether life-sustaining measures should be used. The common misconception of this document is when it will become operative.
There are two triggers that must occur before your Surrogate is even given the option of acting: the first is that you must be unable to communicate your own decisions, and the second is that you must have been diagnosed with a terminal condition or as being permanently unconscious With respect to additional traits that your boss should possess (in addition to being able and willing), I have found that your boss (Surrogate) should also be:
Stoic
Strong.
Media Pa Estate Planning Guide – Last Wills
A Pa Last Will can grant your boss (Executor) the ability to administer your Estate.
The most common misconception that surrounds a Pa Will is the process called Pa Probate and the seemingly universal theme that it should be avoided at all costs.
Again, and virtually to the contrary, the word probate is merely the Latin infinitive verb that means to prove, and, although some states do have onerous probate procedures (where the avoidance of probate may be a prudent strategy), Pennsylvania is not one of those states. In fact, probating a Will in Pennsylvania is very simple.
Also very important is the fact that a Will only disposes of the assets (1) that you own in your individual name alone and (2) that possess no beneficiary designations (i.e., no tags). Consequently, items owned jointly with another are controlled by property law (not Will law) and will pass to the joint owner(s) at your death, and items that have beneficiary designations will be controlled by contract law (not Will law) and pass to the designated beneficiaries at your death. With respect to additional traits that your boss should possess (in addition to being able and willing), I have found that your boss (Executor) should also be
Honest
Diplomatic.
Media Pa Estate Planning Guide – Trusts
A Pa Trust can grant your boss (Pa Trustee) the ability to monitor and manage your Pa Trust. The types of Trusts can be viewed simply as being either (1) revocable (which are created during your life and which become irrevocable upon your death), (2) irrevocable (which are created during your life and become irrevocable upon their creation), and (3) and testamentary (which are created under your Will and which become irrevocable upon your death
Vital is the fact that they can be extremely useful for individuals with Special Needs (i.e., autism, addictions, minors, etc). With respect to additional traits that your boss should possess (in addition to being able and willing), I have found that your boss (Trustee) should also be
Attentive
Decisive.
Media Pa Estate Planning Guide – The Taxes
Another area of misconception in the estate planning area is the taxes that are imposed on value of your assets on the date of your death. Basically, two death taxes can be imposed on Pennsylvania residents:
Federal Estate Tax and the
Pa Pennsylvania Inheritance Tax.
Unlike the income tax, which is very descriptive in its title as it is imposed upon your income, the phrases Federal Estate Tax and Pa Inheritance Tax are misnomers that may tend to belie the actual fact that these are taxes imposed by virtue of your death.
Federal Estate Tax
The Federal Estate Tax begins at a wealth threshold. If you possess less than the wealth threshold at your death, the federal estate tax will not be applicable. If it is applicable, the tax is imposed on a percentage scale according to the amount of wealth (i.e., potentially 47% of the value of your assets above the current $1,500,000. 00 wealth threshold). This threshold has been, is, and is scheduled to continue to increase. In 2005, the threshold is $1,500,000. 00; in 2006, 2007, and 2008, the threshold is $2,000,000. 00; in 2009, the threshold is $3,500,000.00; in 2010, the Federal Estate Tax is scheduled to be eliminated; but in 2011, the Federal Estate Tax is scheduled to return with a threshold of $1,000,000.00.
Pa Inheritance Tax
The Pennsylvania Inheritance Tax has no wealth threshold and starts immediately. It is imposed on a percentage based on the relationship of the beneficiary.
00.00% = Spouses and Charities;
04.50% = Lineal Descendants;
12.00% = Siblings; and
15.00% = Collaterals (everyone else).
Media Pa Estate Planning Guide – The Pointers
In conclusion, there are four basic pointers for all who are faced with estate planning.
First – title your assets with the utmost care (i.e., joint ownership, beneficiary designations, etc.)
Second – with respect to transferring your assets (i.e., re-titling, gifting, etc) during your lifetime, get advice before you do so (before the bombs go off).
Third – always have your estate planning documents up-to-date because laws, taxes, and people change.
Fourth – and most importantly – pick your bosses very carefully.
John B. Whalen, Jr., JD., LL.M., is an AV Peer Review Rated Preeminent 5.0 and Avvo Rated 10.0 Superb (obtaining over 95 client reviews and peer endorsements) premier and prestigious Attorney and Counselor at Law. He is located at 1199 Heyward Road Wayne Pa 19087. He serves all surrounding counties, on all 7 days, from 9:00 AM to 10:00 PM, and on evenings, weekends, and holidays. He can be reached by email at jw60297@me.com, and by telephone at 1-610-999-2157. Mr. Whalen has amassed over 60 prestigious and premier professional awards and over 5000 client reviews and endorsements. Mr. Whalen has achieved the AV Peer Review Rated Preeminent award from Martindale, AV Peer Judicial Preeminent award, the Avvo Rated Superb 10.00 award, the Avvo Rated Top Lawyer award, the Clients’ Choice Award, and the Top One Percent (1%) award. Mr. Whalen is the recipient of the Legum Magister Post-Doctorate Degree (LL.M.) in Taxation (from the Villanova University School of Law), a recipient of the American Jurisprudence Award in Wills, Trusts, and Estates (from the Widener University School of Law), and a recipient of the ABA-BNA Law Award for Academic Excellence (from the Widener University School of Law).
John B. Whalen Jr Esq Media Pa Probate Lawyers 1199 Heyward Road, Wayne, PA 19087
About Media Pa Probate Lawyers
John B. Whalen, Jr., JD., LL.M., is an AV Peer Review Rated Preeminent 5.0 and Avvo Rated 10.0 Superb (obtaining over 95 client reviews and peer endorsements) premier and prestigious Attorney and Counselor at Law. He has amassed over 60 prestigious professional awards and over 5000 client reviews and endorsements.
He provides free initial consultations all seven days, provides home visits, a provides flat fee client structures. He can be reached by email at jw60297@me.com, and by telephone at 1-610-999-2157. He serves all surrounding counties, on all 7 days, from 9:00 AM to 10:00 PM, and on evenings, weekends, and holidays. His main office is located at 1199 Heyward Road Wayne Pa 19087. He can be reached by email at jw60297@me.com, and by telephone at 1-610-999-2157.
Mr. Whalen concentrates his legal practice solely in the areas of Pa Probate, Pa Model Court Accountings, Pa Estate Planning, Pa Estate Administration, Pa Estate Litigation, Pa Guardianships, Pa Beneficiary Representation, Pa Estate Law, Pa Last Wills, Pa Powers of Attorney, Pa Advance Directives, Pa Trust Law, Pa Living Wills, Fiduciary Law, Pa Inheritance, Pa Inheritance Tax, Pa Trust Administration, Pa Cemetery Law, Pa Tax Law, and Pa Estate Planning for Unmarried Couples.
Mr. Whalen has over 4,000 LinkedIn Profile Followers. 99 LinkedIn Peer Endorsements. 27 Avvo Peer Endorsements. 24 Martindale Peer Reviews. 12 Lawyers Client Reviews. 68 Avvo Client Reviews – over 5,000 Reviews.
Mr. Whalen has achieved the AV Peer Review Rated Preeminent award from Martindale, AV Peer Judicial Preeminent award, the Avvo Rated Superb 10.00 award, the Avvo Rated Top Lawyer award, the Clients’ Choice Award, and the Top One Percent (1%) award.
He is the recipient of the Legum Magister Post-Doctorate Degree (LL.M.) in Taxation (from the Villanova University School of Law), a recipient of the American Jurisprudence Award in Wills, Trusts, and Estates, from the Widener University School of Law), and a recipient of the ABA-BNA Law Award for Academic Excellence (from the Widener University School of Law).
He has also been named as an Awesome Attorney in the field of Estate Planning Law (by the Suburban Life Magazine of the Philadelphia suburbs) for the years 2010 through 2018, and was Editor-in-Chief of the Delaware Law Forum at Widener School of Law.
Mr. Whalen is a member of the Pennsylvania Supreme Court and the United States Federal Court for the Eastern District of Pennsylvania. He is past president of the Delaware County Estate Planning Council, a past Internship Instructor of Conestoga High School, and Villanova University School of Law. He is a past member of the Chester County Estate Planning Council, a past President of the Chesterbrook Picket Post Condominium Association.
Mr. Whalen is a frequent speaker and writer on the areas of Probate, Wills, Trusts, Estates, and has spoken for the Pennsylvania Bar Institute, spoken at the Widener University Osher Lifelong Learning Institute, and spoken at the Delaware County Estate Planning Council. He has also had his legal articles published by the Pennsylvania Bar Institute, the Pennsylvania Law Weekly, the Philadelphia Business Journal, and the Martindale.Com website. He has had his law blogs published on the Lawyers.Com website.
There are many factors that can affect the distribution of estate assets. In some cases, there may be a Pa Will that identifies you as a beneficiary; in other cases, there may not be a will at all. In still other cases, there may be a dispute involving the administration of the estate. For example, a beneficiary may disagree with how the executor or personal representative is distributing assets.
Pa Estate Administration is the process of settling a decedent’s affairs. When a loved one passes away, it can be an emotional time. In addition to grieving their passing, those that survive them must tie up all the legal and financial loose ends related to their life and estate. This includes addressing their Pa Last Will and following its instructions.
Pa Estate law comprises many areas of law. However, all of these areas of law focus on taking care of one’s person and property. Estate law is all of the laws that impact how a person makes decisions and issues directives about their personal affairs. A Pa Estate is anything that makes up a person’s net worth. Very simply, an estate is what a person has in their own name alone.
Most estates, especially when there is a proper will in place, are easily settled. Yet there are times when other factors complicate the issue, creating a situation that requires more careful consideration. For example, a family business, an estate that is in bankruptcy or an estate that holds significant amounts of real estate may become complicated quite quickly. This is where estate litigation comes into play.
An attorney who specializes in Pa Estate Planning can help you create a complete plan (including Pa Last Wills, Pa Powers of Attorney, and Pa Living Wills, etc.) to protect your spouse and children if you become unable to manage your financial affairs. Pa Estate Planning allows you to make decisions now so your wishes can be carried out if you die or become incapacitated.
When you execute a legal document called a power of attorney, you are authorizing another individual to make certain decisions on your behalf. The person who signs the document is called the principal and the person who is authorized to make decisions is known as the agent or attorney-in-fact.
Living wills are also referred to as an advance directive or a health care directive. It is a legal document that communicates your desire in the treatment of serious medical problems in the event that you are unable to speak for yourself. They do not go into effect unless you are incapacitated and unable to express yourself. Having a living will can relieve your close relatives from the burden of having to make the decision about whether to remove you from life support.
Trusts are legal documents that allow you to control how your assets will be allocated or managed. You are considered the grantor and the person that manages and distributes assets in the trust is known as the trustee. Individuals who receive money or other assets are the beneficiaries.
A Will is an important document to execute in order to avoid disputes about how your assets will be divided when you die. The executor who administers the distribution of assets from your estate will allocate your possessions as you specified. You should periodically review your Will to make sure it is still relevant and accurate. Life changing events, such as the birth of a child or a marriage, may require amendments to the original document.
Most estates, especially when there is a proper will in place, are easily settled. Yet there are times when other factors complicate the issue, creating a situation that requires more careful consideration. For example, a family business, an estate that is in bankruptcy or an estate that holds significant amounts of real estate may become complicated quite quickly. This is where estate litigation comes into play.
When an individual acts in a fiduciary capacity such as a Pa Executor of a Pa Last Will or a Pa Trustee of the financial assets of another person or entity, they have the responsibility of keeping accurate financial records. Those records should show how money was spent, invested or distributed while under the fiduciary’s care and control. Proper accounting can bring to light the mismanagement or bad investment of funds should an issue arise with an interested party.
The Pa Guardianship process can be filled with emotions. Realizing that a loved one is no longer capable of caring for his or her self can be difficult to accept. For the past twenty-five (25) years, Attorney Whalen has built a reputation for providing compassionate legal care for his clients, putting their needs and interests first while navigating emotionally trying circumstances.
Media Pa Probate Law Lawyers
The Pa Probate process, itself, is a very simple process. However, it is merely the beginning of the Pa Estate Administration (also known as the Pa Estate Settlement) process, which involves settling a decedent’s affairs, and can (and does) involve many, many other steps, depending on many, many other things.
The Media Pa Probate Attorneys Guide is the core of this website. It consists of the best, most important articles, posts, and pages on this website. Their focus is to provide the best and most complete information on a particular topic, rather than to sell my services.
John B. Whalen, Jr., JD., LL.M., is an AV Peer Review Rated Preeminent 5.0 and Avvo Rated 10.0 Superb (obtaining over 95 client reviews and peer endorsements) premier and prestigious Attorney and Counselor at Law. He is located at 1199 Heyward Road Wayne Pa 19087. He serves all surrounding counties, on all 7 days, from 9:00 AM to 10:00 PM, and on evenings, weekends, and holidays.
He provides free initial consults all seven days, provides home visits, and provides flat fee structures. He can be reached by email at jw60297@me.com, and by telephone at 1-610-999-2157. He has amassed over 60 prestigious and premier professional awards and over 5000 client reviews and endorsements.
Mr. Whalen has achieved the AV Peer Review Rated Preeminent award from Martindale, AV Peer Judicial Preeminent award, the Avvo Rated Superb 10.00 award, the Avvo Rated Top Lawyer award, the Clients’ Choice Award, and the Top One Percent (1%) award.
He is the recipient of the Legum Magister Post-Doctorate Degree (LL.M.) in Taxation (from the Villanova University School of Law), a recipient of the American Jurisprudence Award in Wills, Trusts, and Estates (from the Widener University School of Law), and a recipient of the ABA-BNA Law Award for Academic Excellence (from the Widener University School of Law).
Less than two months after September 11th, President Bush signed the USA PATRIOT Act.
The USA PATRIOT (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (the “U.S.A. P.A.T.R.I.O.T.” Act), announced a wide range of new tools to strengthen the U.S. economic system from, in addition to many other things, money laundering, terrorist financing, identity theft, and fraud.
Among the tools of the USA PATRIOT Act was Section 326, which virtually overhauled the account-opening process at financial institutions. Section 326 required that the Treasury Department establish minimum standards with which financial institutions must strictly comply in order to open new accounts. This note will outline a brief history and a few aspects of Section 326 with which we are all now faced.
Media Pa USA PATRIOT Act Privacy Rules – The History
On July 23, 2002, the Treasury Department issued the Proposed Rules for Section 326, which received overwhelming criticism from all interests. The criticism ranged from one side advocating for a rule containing an entirely risk-based approach without any minimum identification and verification requirements, to the opposing side desiring a rule with more specific requirements [because a completely] risk-based approach would leave too much room for interpretation. The overwhelming sentiment from all sides, however, was that the Treasury Department had underestimated the compliance burden that would be imposed on financial institutions.
On April 30, 2003, the Treasury Department adopted the Joint Final Rule for Section 326, which attempted to both increase the verification effectiveness for new accounts and decrease the needless drain on financial institutions. Changes from the Proposed Rules to the Joint Final Rule included a narrowed definition of customer (i.e., by excluding signatories on accounts) and redefined record-keeping requirements (i.e., by requiring only notations from, not copies of, identity-verifying documents such as driver’s licenses). Most notably, the Joint Final Rule implemented the Customer Identity Program (C.I.P.) rules.
On October 1, 2003, the C.I.P. rules became mandatory, which dictated that [a]ll financial institutions, regardless of size, have a CIP that contains customer identification and verification procedures.
Media Pa USA PATRIOT Act Privacy Rules – The Purpose
The purpose of a C.I.P. is to ensure that financial institutions know the true identity of those opening accounts. Each institution’s C.I.P should be risk-based, and should be an integrated part of its Bank Secrecy Act and Anti-Money Laundering programs.
In establishing a C.I.P., Section 326 dictates minimum, not maximum, standards. Therefore, the measures taken by each financial institution will vary based on many factors. With respect to the account, aspects will include the account type, the method by which it is opened (i.e., in person or electronically), and the identity verification information provided by the customer. With respect to the institution, considerations will include its size, location, and customer base.
In activating a C.I.P., Section 326 dictates that it will occur anytime a new customer opens a new account. However, it may also occur in varying degrees with existing customers and existing accounts. The essence of the meaning of an account lies in ongoing relationships, not infrequent interactions. It is defined as a formal relationship to provide or engage in services, dealings or other financial transactions. The gist of the meaning of customer speaks to both individuals and entities, including estates and trusts. It is defined as a person opening a new account and an individual who opens a new account for one who lacks legal capacity (i.e., a minor) or an entity that is not a legal person (i.e., a civic group). Taken together, all of these factors and definitions should allow an institution to conclude that it has a reasonable belief as to a customer’s true identity.
Media Pa USA PATRIOT Act Privacy Rules – The Requirements
The hallmark of a C.I.P. should be flexibility. Accordingly, the Joint Final Rule begins with the minimum steps for a C.I.P., and then allows each financial institution to develop its own C.I.P., which must be written and approved by the institution’s Board of Directors, by building upon those steps. The four minimum steps to a CIP are verifying identities, keeping records, comparing lists, and notifying customers.
The 1st Step – Verifying Identities
The first element of a C.I.P is verifying identities. This step is a two-pronged procedure – the customer provides identifying items and the financial institution validates those identifying items.
To satisfy the first prong, the customer (whether an individual or an entity) must provide three essential pieces of identifying items – name, address, and identification number (with a fourth requirement, date of birth, also required of individuals).
To satisfy the second prong, a financial institution’s C.I.P should specify by what methods (whether documentary proof and/or non-documentary confirmation) it will use to validate the customer’s identifying information. Worthy of mention is the aspect that, although the Joint Final Rule specifically includes driver’s licenses and passports, it does not preclude other forms of identification. Presently, however, some institutions only accept these two forms of identification. Also of note is that the exact requirement of an identification number appears to be somewhat unsettled at this point. Granted, with respect to estates and trusts, an Employer Identification Number is obligatory, but presently some institutions also require the individual fiduciary’s Social Security Number (as well as address and date of birth). As a word of caution, the initial information provided to a financial institution for an estate or trust should be closely monitored to ensure that it is coded properly with the Employer Identification Number of the entity, and not the Social Security Number of the individual fiduciary. Again, as the Joint Final Rule specifies only minimum requirements, it appears that these practices, which may be initially perceived as overreaching, are, in fact, not out of bounds. The theme to keep in mind is that the financial institution is allowed to form a reasonable belief that it knows the true identity of the customer.
The 2nd Step – Keeping Records
The second element of a C.I.P is keeping records. In other words, what measures must the financial institution take to document that the first step – verifying identities – was in fact performed. The C.I.P rules contain a bifurcated record-keeping system. The identifying information (i.e., name, address, and identification number, and, with individuals, date of birth) must be kept for five years after the account is closed, and all other information must be kept for five years after the record is made.
The 3rd Step – Comparing Lists
The third element of a C.I.P is comparing lists. The C.I.P must include procedures for determining whether a customer appears on any list of known or suspected terrorist organizations issued by the federal government. Although this requirement seems quite onerous upon first blush, financial institutions are not required to actively seek out any and all government lists. Although no “Section 326 Government List” currently exists, it has been stated that the Department of the Treasury will create and provide a “Section 326 List” for the industry to use for this specific purpose.
The 4th Step – Notifying Customers
The fourth element of a C.I.P is notifying customers. Every institution must provide customers with adequate notice that they are requesting information to verify their identities. This notice can be either given to the customers on an individual basis, such as a handout, or on a collective basis, such as a placard displayed in the bank. The statute also has sample language in the regulation that may be used.
Media Pa USA PATRIOT Act Privacy Rules – The Conclusion
The USA PATRIOT Act is a massive tome, with the commentary on it alone capable of filing a small warehouse. I hope this note offers a little foothold to it.
(Note = This paper was presented on October 20, 2003. Since that time, the Pennsylvania Legislature, did in fact, render common law marriage proactively invalid after January 1, 2005, by statute (23 § 1103), stating that “[n]o common-law marriage contracted after January 1, 2005, shall be valid. Nothing in this part shall be deemed or taken to render any common-law marriage otherwise lawful and contracted on or before January 1, 2005, invalid.” (Nov. 23, 2004, P.L.954, No.144, eff. 60 days)).
Media Pa Common Law Marriage – Intro
Common law marriage in Pennsylvania was recognized by the Pennsylvania Supreme Court over one hundred and thirty (130) years ago. Common law marriage in Pennsylvania was questioned by the Pennsylvania Supreme Court five years ago. Common law marriage in Pennsylvania was abolished by the Pennsylvania Commonwealth Court one month ago?
As a caution, however, it is very important to keep in mind that the Commonwealth Court may not be the final word here. Decisions from this court are always subject to being appealed to – and overruled by – the Pennsylvania Supreme Court, and decisions from this court control only a limited scope of lower courts and administrative agencies (i.e., workers compensation, unemployment compensation, certain taxation issues, etc.).
Media Pa Common Law Marriage – The Facts
The petitioner filed a fatal claim petition alleging that he was the common law husband of the decedent who had died during the course of her employment. Because the couple had not been married ceremonially, the facts and circumstances surrounding the nature of their relationship, and the creation – or lack thereof – of their marriage, was the subject of extensive hearings before the Workers Compensation Judge.
Holding that the evidence had proved a valid common law marriage, the Workers Compensation Judge concluded that the petitioner was the common law husband of the decedent. Upon appeal, the Workers Compensation Appeal Board affirmed the Decision of the Judge. Upon further appeal, the Commonwealth Court affirmed the Order of the Appeal Board.
Most notably, and despite a finding of a valid common law marriage in this situation, the Pennsylvania Commonwealth Court abolished common law marriage in Pennsylvania from this point forward.
In a fascinatingly historical and extensively detailed majority opinion, (both factually and legally), as well as an equally well presented, yet briefer, minority opinion, the Commonwealth Court analyzed and reviewed the scenarios and reasons long ago forgotten that gave rise to a doctrine no longer needed.
Media Pa Common Law Marriage – The Standard
A common law marriage in Pennsylvania can be proven by two different methods. The first, and primary, test is applied when both of the parties are available to testify. This test requires proof of the exchange of words in the present tense – referred to as “verba in praesenti” – which are to be spoken with the specific purpose of creating the legal relationship of husband and wife. The second, and alternative, test is applied when either of the parties is unavailable to testify. This test then allows the creation of a rebuttable presumption in favor of a common law marriage where there is sufficient proof of cohabitation and reputation of marriage in the community.
As is somewhat evident from these tests, and “[b]ecause claims for the existence of a marriage in the absence of a certified ceremonial marriage present a `fruitful source of perjury and fraud’,” Pennsylvania courts have long viewed such claims [of common law marriage] with hostility.
Media Pa Common Law Marriage – The History
The origins of common law marriage are as varied as the misconceptions held regarding what actually creates one.
Their beginnings have been attributed to the informal marriages prevalent throughout European culture during the pre-Reformation. From there, they have been traced through England, brought to the American colonies during its settlement by the English immigrants, and then followed across the United States during its development, where they continued their existence out of necessity due to the lack of access to clergy.
Waves to abolish common law marriage began in the late 19th and early 20th centuries.
Some of the many and varied reasons cited in support of its abolishment included the growing emphasis on protecting both the institution of marriage as well as the protection of the increased wealth of the average citizen.
These trends continued throughout the 20th century, rising again amidst the creation of the many new governmental benefit programs in the latter part of the 20th century. New Jersey abolished common law marriage by statute in 1955, and, in support of its abolition, the New Jersey Supreme Court stated that “[i]t was not without reason that our statute and similar statutes in other states have been popularly referred to as `Heart Balm Acts.” The many abuses arising from common law marriages, with their effect on public morality, private property rights and the legitimacy of children, called for correction. Our Legislature dealt with such mischief in this act in sweeping and emphatic language, permitting no exception or evasion. “Despite its judicial acceptance in many states, the doctrine of common law marriage is generally frowned on in this country, even in some of the states that have accepted it.” Accordingly, such a status is the product of an antiquated law and inattention to whether there is a need for change.
Media Pa Common Law Marriage – The Criticism
However, despite these waves of change, Pennsylvania remains in the minority, being only one of twelve states that still recognizes common law marriage. Because of this, disapproval of the doctrine has grown harsher and more prevalent, with one of the major areas of concern being that of estate law. It has been opined that “[common law marriage] puts in doubt the certainty of the rights of inheritance,” “opens the door to the imposition on estates of suppositious heirs,” and “allow[s] unprincipled claimants to convert illicit relationships into honest marriages, to their advantage, on spurious claims … against the estate of a decedent.”
In 1998, the Pennsylvania Supreme Court, in the case of Staudenmayer v. Staudenmayer, implied that it was time to abolish common law marriages in this Commonwealth. The Court noted that Pennsylvania courts have long viewed such claims with hostility, warned that the “continued viability [of common law marriages in Pennsylvania] is seriously in question,” but stopped short of abolishing them, concluding that “[w]hile we do not today abolish common law marriages in Pennsylvania, we affirm that claims for this type of marriage are disfavored.”
However, and unlike Staudenmayer, where the issue to abolish common law marriage was not raised on appeal, the issue was properly raised in PNC Bank Corp. In light of this distinction, the PNC Bank Corp. Court noted that “the parties have preserved and fully argued the issue, so it is squarely presented for our consideration, “and stated that “[m]any sound reasons exist to abandon a system that allows the determination of important rights to rest on evidence fraught with inconsistencies, ambiguities, and vagaries. The circumstances creating a need for the doctrine are not present in today’s society.”
The Court cited many reasons in support of its holding to abolish common law marriages in Pennsylvania. These reasons included the fact that “the marital status of parents no longer determines the inheritance rights of their children,” and “the right of a single parent to obtain child support is no longer dependent upon his or her marital status.”
The PNC Bank Corp Court prefaced its holding by stating that “[a]lthough our Supreme Court, while declining to reach the issue [in Staudenmayer], “has raised the overruling axe so high that its falling is just about as certain as the changing of the seasons,” concluded its holding by stating that “[a]ccordingly henceforth, this court will recognize as valid only those Pennsylvania marriages entered into pursuant to the Marriage Law procedures.”
Media Pa Common Law Marriage – The Conclusion
As its existence in Pennsylvania grows increasingly precarious, it does appear that the door to the church of common law marriage in Pennsylvania may be closing forever. In light of this decision, when our clients say that they are married, do we still take their word for it?
The Media Pa Probate Attorneys Guide is the core of this website. It consists of the best, most important articles, posts, and pages on this website. Their focus is to provide the best and most complete information on a particular topic, rather than to sell my services.
John B. Whalen, Jr., JD., LL.M., is an AV Peer Review Rated Preeminent 5.0 and Avvo Rated 10.0 Superb (obtaining over 95 client reviews and peer endorsements) premier and prestigious Attorney and Counselor at Law. He is located at 1199 Heyward Road Wayne Pa 19087. He serves all surrounding counties, on all 7 days, from 9:00 AM to 10:00 PM, and on evenings, weekends, and holidays. He provides free initial consults all seven days, provides home visits, and provides flat fee structures. He can be reached by email at jw60297@me.com, and by telephone at 1-610-999-2157. He has amassed over 60 prestigious and premier professional awards and over 5000 client reviews and endorsements. Mr. Whalen has achieved the AV Peer Review Rated Preeminent award from Martindale, AV Peer Judicial Preeminent award, the Avvo Rated Superb 10.00 award, the Avvo Rated Top Lawyer award, the Clients’ Choice Award, and the Top One Percent (1%) award. He is the recipient of the Legum Magister Post-Doctorate Degree (LL.M.) in Taxation (from the Villanova University School of Law), a recipient of the American Jurisprudence Award in Wills, Trusts, and Estates (from the Widener University School of Law), and a recipient of the ABA-BNA Law Award for Academic Excellence (from the Widener University School of Law).
Congress enacted The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) on August 21, 1996. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is enormous and complex.
Critical Concerns
One of its critical concerns was protecting the privacy of the average American citizen. Prior to HIPAA’s enactment, medical records had become increasingly accessible as a result of technological advances that contributed widespread information sharing.
HIPAA targeted the potential for fraudulent or improper disclosure and transmission of medical records. In doing so HIPAA has created a challenge for lawyers in Pennsylvania who seek to protect the rights of clients who need to exercise Powers of Attorney for their loved ones within the HIPAA environment.
The Privacy Rules
One of HIPAA’s requirements was the establishment of the Privacy Rules.
Prior to the HIPAA Privacy Rules (which were enacted in their current form on August 14, 2002), there was a confusing mélange of federal and state laws to govern the transmission of, and access to, health information.
Under these pre-existing laws, an individual’s health information could be shared freely between doctors, hospitals, insurers, and third party payers, without either notice to, or authorization from, the individual.
Consequently, the HIPAA Privacy Rules set federal minimum standards for the disclosure of an individual’s private health information. The rules attempt to strike a balance between the necessary disclosures of health care information and the privacy interests of those who seek medical care.
Given that the health care marketplace is diverse, the rules are designed to be flexible and comprehensive to cover the variety of uses and disclosures that need to be addressed.
A Pa Power of Attorney is a document that convey legal authority (to the Pa Principal) to act in the name of another person (Pa Agent) for his or her health and welfare.
Historically, health care providers have accepted Powers of Attorney readily, without questioning their validity.
In the post-HIPAA world, however, one can expect a higher level of scrutiny. In fact, the HIPAA Privacy Rules can potentially create a conflict with respect to the traditional language of Powers of Attorney. Thus, to be effective, Powers of Attorney should be drafted to comply with the requirements of the Privacy Rules.
The Privacy Rules protect all individually identifiable health information (defined as Protected Health Information or PHI) of an individual held or transmitted by covered entities (defined as health care providers who transmit any health information in electronic form). Although the Privacy Rules allow certain uses and disclosures of such information without the consent of the Individual or that Individual’s Personal Representative (defined as a person who has the present authority to make health care decisions for that Individual), the HIPAA Privacy Rules, with few exceptions, proscribe the disclosure of PHI unless the Individual or the Personal Representative authorizes it in writing.
The Granting of Authority
Pa Powers of Attorney are designed to allow an individual the ability to grant authority to another in order to allow the Pa Agent to act on behalf of the Principal.
They can be drafted to be effective now (current powers) or effective in the future occurrence of a specific event (springing powers).
Pennsylvania law (20 Pa.C.S. § 5602(h) and (i)) allows the Principal under the Power of Attorney to grant the Agent the power to authorize “my admission to a medical, nursing, residential or similar facility and to enter into agreements for my care and the power to authorize medical and surgical procedures.”
While Powers of Attorney can be drafted to provide for a wide variety of situations, this article is limited to the impact that the Privacy Rules have on General Durable Powers of Attorney that are presently effective.
If a Power of Attorney grants the Agent the present ability to make health care decisions on behalf of the Principal, the Agent qualifies as the Personal Representative under the HIPAA Privacy Rules.
However, if a Power of Attorney does not grant the Agent the present ability to make health care decisions on behalf of the Principal to the Agent, the Agent is not considered the Personal Representative under the HIPAA Privacy Rules, regardless of the scope of the health and medical authority otherwise granted to the Agent.
In order to be effective under HIPAA, the specific authority granted to the Personal Representative (Agent) under the state defined Power of Attorney rules thus must be consistent with the definition of Personal Representative under the federally defined HIPAA Privacy Rules.
Under the Privacy Rules, a Power of Attorney that is intended to allow the Personal Representative (Pa Agent) the power to access medical records, to authorize information disclosures, and to participate in medical decisions on behalf of the Principal, but not drafted to allow the Personal Representative (Agent) the presently effective power to make health care decisions on behalf of the Principal, may be technically deficient.
Consequently, the Pa Agent may lack the critical necessary powers to act on behalf of the Principal in time of need.
Although some health care professionals may rely upon a Power of Attorney that is not drafted to comply with the Privacy Rules, they do so at their own peril.
The Effective Clause
To address this issue of presently effective powers, I use the following clause in clients’ Durable General Powers of Attorney, as well as in Advance Directives for Health Care:
“to have and utilize the presently effective power and authority to act in accordance with and pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), its attendant Privacy Rules, 45 CFR Part 164, and/or other federal and state legislation, by having the presently effective power and authority to make any and all health care decisions on my behalf; to give informed consent for any and all health care decisions on my behalf; to be deemed to be my Personal Representative; to act in any and all matters as my Personal Representative; to obtain any and all of my Protected Health Information; to consent to the disclosure and use of any and all of my Protected Health Information; and to have the presently effective power and authority to effectuate any and all of the above.”
As stated previously, this article is limited to the impact that the HIPAA Privacy Rules have on General Durable Powers of Attorney that are presently effective.
In light of the fact that the determination of capacity is central to the effectiveness of a Power of Attorney (as well as to many other legal documents), the HIPAA Privacy Rules should not create problems for health care purposes if the Agent possesses the presently effective ability to make health care decisions on behalf of a Principal. With a properly drafted Power of Attorney, if the Principal becomes incapacitated, the authority of the Agent is not interrupted.
Conversely, the authority of the Agent will be interrupted if the Power of Attorney is not presently effective and a determination of capacity is required to be made. This situation exists, for example, when an Agent is to act under a Springing Power of Attorney or when a Successor Trustee is to act under a Trust Agreement.
As these scenarios are outside the realm of this article, I would suggest referring to the article, HIPAA-POA: The Effect on Healthcare Power of Attorney by Stephen H. Frishberg, Esquire. This article is contained in the PBI Publication No. 2004-3355, 11th Annual Estate Law Institute.
Stay ahead of the HIPAA Privacy Rules.
Knowledge of the precise meanings of Protected Health Information, Personal Representative, and other HIPAA terms, and how they impact our practice are fundamental to our role as counselors.
A Power of Attorney is a highly effective document when drafted correctly. Only with the proper wording in light of HIPAA, the Privacy Rules, and the changing practice of today’s health care profession, will the Power of Attorney remain the powerful tool it is mean to be.
John B. Whalen, Jr., JD., LL.M., is an AV Peer Review Rated Preeminent 5.0 and Avvo Rated 10.0 Superb (obtaining over 95 client reviews and peer endorsements) premier and prestigious Attorney and Counselor at Law. He is located at 1199 Heyward Road Wayne Pa 19087. He serves all surrounding counties, on all 7 days, from 9:00 AM to 10:00 PM, and on evenings, weekends, and holidays. He provides free initial consults all seven days, provides home visits, and provides flat fee structures. He can be reached by email at jw60297@me.com, and by telephone at 1-610-999-2157. He has amassed over 60 prestigious and premier professional awards and over 5000 client reviews and endorsements.
A living trust allows you to place assets under the care of a trustee who then distributes them to your beneficiaries in accordance with your wishes. A living trust, in contrast with a testamentary trust, comes into existence while you are still alive. Pennsylvania’s trust law is based on the Pennsylvania Uniform Trust Act.
Pa Trust Parties
Three parties are required to create a living trust: The settlor, or trustor, is the party who creates the trust, sets its terms and deposits assets into it. The trustee is the person that administers the trust in accordance with the terms you, as the settlor, have set. You may appoint yourself as the trustee. Beneficiaries are the persons or organizations you appoint to receive the trust assets. A trust may include other parties as well; for example, you may name either a successor trustee or a trust protector whose sole function is to hire and fire trustees.
Pa Trust Creation
A living trust is created when you draft and sign a Declaration of Trust. The Declaration of Trust identifies the parties to the trust, specifies whether it is revocable or irrevocable, and tells the trustee how to distribute trust assets. The Declaration of Trust may give the trustee specific instructions on how to distribute the trust’s assets or allow the trustee broad discretionary authority. For example, the trustee may be permitted to invest the trust assets and distribute only capital gains to the beneficiaries. If the trust is revocable, as most are, you may modify or terminate it at any time. Pennsylvania, unlike many other states, allows you to modify or terminate a living trust, even an irrevocable one, if you can secure the unanimous consent of the beneficiaries.
Pa Probate
The assets of a Pa Living Trust are not subject to the Pennsylvania Probate process. The Pa Trustee may immediately distribute trust assets to beneficiaries to the extent expressed in the trust document grants him the authority to do so. Assets may be distributed without seeking approval from the estate executor or probate court.
About Media Pa Probate Lawyers
John B. Whalen, Jr., JD., LL.M., is an AV Peer Review Rated Preeminent 5.0 and Avvo Rated 10.0 Superb (obtaining over 95 client reviews and peer endorsements) premier and prestigious Attorney and Counselor at Law. He has amassed over 60 prestigious professional awards and over 5000 client reviews and endorsements.
He provides free initial consultations all seven days, provides home visits, a provides flat fee client structures. He can be reached by email at jw60297@me.com, and by telephone at 1-610-999-2157. He serves all surrounding counties, on all 7 days, from 9:00 AM to 10:00 PM, and on evenings, weekends, and holidays. His main office is located at 1199 Heyward Road Wayne Pa 19087. He can be reached by email at jw60297@me.com, and by telephone at 1-610-999-2157.
Mr. Whalen concentrates his legal practice solely in the areas of Pa Probate, Pa Model Court Accountings, Pa Estate Planning, Pa Estate Administration, Pa Estate Litigation, Pa Guardianships, Pa Beneficiary Representation, Pa Estate Law, Pa Last Wills, Pa Powers of Attorney, Pa Advance Directives, Pa Trust Law, Pa Living Wills, Fiduciary Law, Pa Inheritance, Pa Inheritance Tax, Pa Trust Administration, Pa Cemetery Law, Pa Tax Law, and Pa Estate Planning for Unmarried Couples.
Mr. Whalen has over 4,000 LinkedIn Profile Followers. 99 LinkedIn Peer Endorsements. 27 Avvo Peer Endorsements. 24 Martindale Peer Reviews. 12 Lawyers Client Reviews. 68 Avvo Client Reviews – over 5,000 Reviews.
Mr. Whalen has achieved the AV Peer Review Rated Preeminent award from Martindale, AV Peer Judicial Preeminent award, the Avvo Rated Superb 10.00 award, the Avvo Rated Top Lawyer award, the Clients’ Choice Award, and the Top One Percent (1%) award.
He is the recipient of the Legum Magister Post-Doctorate Degree (LL.M.) in Taxation (from the Villanova University School of Law), a recipient of the American Jurisprudence Award in Wills, Trusts, and Estates, from the Widener University School of Law), and a recipient of the ABA-BNA Law Award for Academic Excellence (from the Widener University School of Law).
He has also been named as an Awesome Attorney in the field of Estate Planning Law (by the Suburban Life Magazine of the Philadelphia suburbs) for the years 2010 through 2018, and was Editor-in-Chief of the Delaware Law Forum at Widener School of Law.
Mr. Whalen is a member of the Pennsylvania Supreme Court and the United States Federal Court for the Eastern District of Pennsylvania. He is past president of the Delaware County Estate Planning Council, a past Internship Instructor of Conestoga High School, and Villanova University School of Law. He is a past member of the Chester County Estate Planning Council, a past President of the Chesterbrook Picket Post Condominium Association.
Mr. Whalen is a frequent speaker and writer on the areas of Probate, Wills, Trusts, Estates, and has spoken for the Pennsylvania Bar Institute, spoken at the Widener University Osher Lifelong Learning Institute, and spoken at the Delaware County Estate Planning Council. He has also had his legal articles published by the Pennsylvania Bar Institute, the Pennsylvania Law Weekly, the Philadelphia Business Journal, and the Martindale.Com website. He has had his law blogs published on the Lawyers.Com website.
There are many factors that can affect the distribution of estate assets. In some cases, there may be a Pa Will that identifies you as a beneficiary; in other cases, there may not be a will at all. In still other cases, there may be a dispute involving the administration of the estate. For example, a beneficiary may disagree with how the executor or personal representative is distributing assets.
Pa Estate Administration is the process of settling a decedent’s affairs. When a loved one passes away, it can be an emotional time. In addition to grieving their passing, those that survive them must tie up all the legal and financial loose ends related to their life and estate. This includes addressing their Pa Last Will and following its instructions.
Pa Estate law comprises many areas of law. However, all of these areas of law focus on taking care of one’s person and property. Estate law is all of the laws that impact how a person makes decisions and issues directives about their personal affairs. A Pa Estate is anything that makes up a person’s net worth. Very simply, an estate is what a person has in their own name alone.
Most estates, especially when there is a proper will in place, are easily settled. Yet there are times when other factors complicate the issue, creating a situation that requires more careful consideration. For example, a family business, an estate that is in bankruptcy or an estate that holds significant amounts of real estate may become complicated quite quickly. This is where estate litigation comes into play.
An attorney who specializes in Pa Estate Planning can help you create a complete plan (including Pa Last Wills, Pa Powers of Attorney, and Pa Living Wills, etc.) to protect your spouse and children if you become unable to manage your financial affairs. Pa Estate Planning allows you to make decisions now so your wishes can be carried out if you die or become incapacitated.
When you execute a legal document called a power of attorney, you are authorizing another individual to make certain decisions on your behalf. The person who signs the document is called the principal and the person who is authorized to make decisions is known as the agent or attorney-in-fact.
Living wills are also referred to as an advance directive or a health care directive. It is a legal document that communicates your desire in the treatment of serious medical problems in the event that you are unable to speak for yourself. They do not go into effect unless you are incapacitated and unable to express yourself. Having a living will can relieve your close relatives from the burden of having to make the decision about whether to remove you from life support.
Trusts are legal documents that allow you to control how your assets will be allocated or managed. You are considered the grantor and the person that manages and distributes assets in the trust is known as the trustee. Individuals who receive money or other assets are the beneficiaries.
A Will is an important document to execute in order to avoid disputes about how your assets will be divided when you die. The executor who administers the distribution of assets from your estate will allocate your possessions as you specified. You should periodically review your Will to make sure it is still relevant and accurate. Life changing events, such as the birth of a child or a marriage, may require amendments to the original document.
Most estates, especially when there is a proper will in place, are easily settled. Yet there are times when other factors complicate the issue, creating a situation that requires more careful consideration. For example, a family business, an estate that is in bankruptcy or an estate that holds significant amounts of real estate may become complicated quite quickly. This is where estate litigation comes into play.
When an individual acts in a fiduciary capacity such as a Pa Executor of a Pa Last Will or a Pa Trustee of the financial assets of another person or entity, they have the responsibility of keeping accurate financial records. Those records should show how money was spent, invested or distributed while under the fiduciary’s care and control. Proper accounting can bring to light the mismanagement or bad investment of funds should an issue arise with an interested party.
The Pa Guardianship process can be filled with emotions. Realizing that a loved one is no longer capable of caring for his or her self can be difficult to accept. For the past twenty-five (25) years, Attorney Whalen has built a reputation for providing compassionate legal care for his clients, putting their needs and interests first while navigating emotionally trying circumstances.
Media Pa Probate Law Lawyers
The Pa Probate process, itself, is a very simple process. However, it is merely the beginning of the Pa Estate Administration (also known as the Pa Estate Settlement) process, which involves settling a decedent’s affairs, and can (and does) involve many, many other steps, depending on many, many other things.
The Media Pa Probate Attorneys Guide is the core of this website. It consists of the best, most important articles, posts, and pages on this website. Their focus is to provide the best and most complete information on a particular topic, rather than to sell my services.
John B. Whalen, Jr., JD., LL.M., is an AV Peer Review Rated Preeminent 5.0 and Avvo Rated 10.0 Superb (obtaining over 95 client reviews and peer endorsements) premier and prestigious Attorney and Counselor at Law. He is located at 1199 Heyward Road Wayne Pa 19087. He serves all surrounding counties, on all 7 days, from 9:00 AM to 10:00 PM, and on evenings, weekends, and holidays.
He provides free initial consults all seven days, provides home visits, and provides flat fee structures. He can be reached by email at jw60297@me.com, and by telephone at 1-610-999-2157. He has amassed over 60 prestigious and premier professional awards and over 5000 client reviews and endorsements.
Mr. Whalen has achieved the AV Peer Review Rated Preeminent award from Martindale, AV Peer Judicial Preeminent award, the Avvo Rated Superb 10.00 award, the Avvo Rated Top Lawyer award, the Clients’ Choice Award, and the Top One Percent (1%) award.
He is the recipient of the Legum Magister Post-Doctorate Degree (LL.M.) in Taxation (from the Villanova University School of Law), a recipient of the American Jurisprudence Award in Wills, Trusts, and Estates (from the Widener University School of Law), and a recipient of the ABA-BNA Law Award for Academic Excellence (from the Widener University School of Law).
Media Pa Powers of Attorney and Pa Agents – Document Purposes
A Pa Power of Attorney grants your Pa Agent (Fiduciary) the ability to control all of your affairs.
It is a very powerful document; it permits your Pa Agent the broadest of powers to do anything that you could have done (i.e., give all of your money away).
Yet, inherent in the broad powers that your Pa Agent possesses is the possibility – the extremely real possibility – that your Agent under your Power of Attorney may actually do anything that you could have done (i.e., give all your money away).
Media Pa Powers of Attorney and Pa Agents – Fiduciary Traits
Your Agent should be able and willing, first and foremost.
Your Agent should also be levelheaded and familiar.
Media Pa Powers of Attorney and Pa Agents – Common Misconceptions
A common misconception is that a Power of Attorney eliminates your ability to act for yourself. Quite to the contrary, and until you are deemed to be incapacitated, a Power of Attorney should properly be viewed as a “shared authority.” After you have executed a Power of Attorney, you still retain all of the powers and decision-making abilities that you possessed beforehand, including the power to revoke the Power of Attorney.
Another common misconception is that your Agent needs your permission to act. Quite to the contrary, a Power of Attorney is a very powerful document. It permits your Agent the broadest of powers to do anything that you could have done (i.e., give all of your money away), and, inherent in the broad powers that your Agent possesses is the possibility – the extremely real possibility – that your Agent under your Power of Attorney may actually do anything that you could have done (i.e., give all your money away).
Media Pa Powers of Attorney – Purposes
Pa Powers of Attorney are documents that convey legal authority (to the Pa Principal) to act in the name of another person (Pa Agent) for his or her health and welfare. This document is similar (almost a sister document to a Pa Living Will (“Advanced Directive for Health Care”).
A Pa Power of Attorney can grant broad authority or be very limited in scope. I help you prepare for contingencies based on the specific circumstances surrounding you and your loved one. However, generally speaking, powers of attorney address three main areas of concern:
Financial management
When your loved one is incapacitated, bills and taxes still come due. Your loved one may have financial assets, such as stocks, stock options, bonds, or royalties, which require oversight. Having the authority to manage your loved one’s finances if necessary provides greater financial security. Older adults who are forgetful or susceptible to phone scams can also benefit from a loved one overseeing their bank accounts.
To protect your loved ones, you need clear legal authority to make decisions if they are unable to do so. John B. Whalen, Jr. Esq. can help you draft and execute Pa Power of Attorney documents so you can be certain about your authority when a loved one needs you most.
Representation for legal and business matters
Small business owners and individuals involved in litigation are faced with numerous choices. These decisions, which must often be made on a daily basis, can have serious consequences. Even if your loved one is not ready to step away from day-to-day management of business and legal matters, executing power of attorney is a prudent contingency plan.
Authority to make medical decisions.
When a medical crisis strikes, many families are unsure about the extent of lifesaving treatment the injured or ill person would have wanted. Every adult should have a medical directive explaining their wishes clearly and specifying someone to carry out their desires when they can’t communicate.
Reluctant Seniors
Sudden illness or injury can leave anyone totally incapacitated. Or, the infirmities of age can compromise an older adult’s ability to fully function independently. Under such circumstances, concerned loved ones may feel compelled to act, but may lack the legal authority to do so. This can delay essential care, threatening your loved one’s health and welfare when he or she is most vulnerable.
It can be difficult to talk to a senior loved one about the need for power of attorney documents. Many are loathe to admit they may need assistance, especially from their children, and are uncomfortable even considering a reversal of roles which puts them under their children’s authority. I am very familiar with this dynamic, and can advise you on effective ways to broach the subject with your elder loved ones.
Contact a reliable Wayne lawyer for powers of attorney that protect your loved ones
A loved one’s illness, injury or infirmity can leave them vulnerable to financial losses and serious threats to their health. A carefully drafted power of attorney can give you and your loved one greater peace of mind.
John B. Whalen, Jr., JD., LL.M., is an AV Peer Review Rated Preeminent 5.0 and Avvo Rated 10.0 Superb premier and prestigious Attorney and Counselor at Law. He is featured on Avvo, Justia, Lawyers, LinkedIn, Martindale, Nolo, and Thumbtack. He has amassed over 70 prestigious professional awards and over 5000 client reviews and endorsements. His main office is located at 1199 Heyward Road, Wayne, PA, 19087, and he serves all surrounding counties, on all 7 days, from 9:00 AM to 10:00 PM, and on evenings, weekends, and holidays. He can be reached by email at jw60297@me.com, and by telephone at 1-610-999-2157.
An Advance Directive for Health Care (“Pa Living Will”) can grant your boss (Surrogate) the ability to execute your end of life decisions and decide whether life-sustaining measures should be used.
With respect to additional traits that your boss should possess (in addition to being able and willing), I have found that your boss (Agent) should also be levelheaded and familiar with your affairs.
The common misconception of this document is when it will become operative.
There are two triggers that must occur before your Surrogate is even given the option of acting:
the first is that you must be unable to communicate your own decisions, and
the second is that you must have been diagnosed with a terminal condition or as being permanently unconscious.