Chapter 56 of Title 20 Pa.C.S.A. provides, in part:
§ 5602. Form of power of attorney
(a) Specification of powers.--A principal may, by inclusion of the language quoted in any of the following paragraphs or by inclusion of other language showing a similar intent on the part of the principal, empower an agent to do any or all of the following, each of which is defined in Section 5603 (relating to implementation of power of attorney):
" To create a trust for my benefit.
" To make additions to an existing trust for my benefit.
" To disclaim any interest in property.
" To withdraw and receive the income or corpus of a trust.
" To engage in tangible personal property transactions.
" To engage in banking and financial transactions.
" To enter safe deposit boxes.
" To handle interests in estates and trusts.
" To pursue claims and litigation.
Title: Understanding Power of Attorney for Individuals in Prison Without Capacity Introduction: In situations where an individual is in prison and lacks the capacity to make legal decisions for themselves, a power of attorney (POA) can be established to ensure their affairs are properly managed. This comprehensive article will delve into the concept of power of attorney for individuals in prison without capacity, its importance, and any specific types available. 1. What is Power of Attorney? POA is a legal document that delegates decision-making authority to a chosen representative (attorney-in-fact) to act on behalf of an individual, commonly known as the principal. This authorization can encompass various aspects, such as financial, legal, and healthcare matters. 2. Power of Attorney for Individuals in Prison: When someone is incarcerated, their capacity to make decisions may be impaired due to physical confinement or other factors. In such cases, it becomes crucial to establish a power of attorney to ensure their affairs are handled appropriately. The power of attorney grants the authority to act on the prisoner's behalf and make important choices. 3. Importance of Power of Attorney for Prisoners Without Capacity: a. Managing Financial Matters: By creating a power of attorney, the appointed attorney-in-fact can handle the principal's financial affairs. This encompasses tasks such as managing bank accounts, paying bills, maintaining investments, and accessing benefits. b. Legal Decision Making: The attorney-in-fact can assist the incarcerated individual with legal matters, including signing legal documents, initiating or defending lawsuits, managing real estate, and ensuring compliance with legal obligations. c. Healthcare Decisions: With a healthcare power of attorney, an appointed representative can make medical decisions on behalf of the incarcerated individual in accordance with their wishes and best interests. 4. Different Types of Power of Attorney for Prisoners Without Capacity: a. General Power of Attorney: This grants broad decision-making powers to the attorney-in-fact, enabling them to act on behalf of the incarcerated individual in various matters, including financial, legal, and healthcare decisions. b. Limited Power of Attorney: In some cases, individuals may prefer to grant limited authority to a specific attorney-in-fact. This enables them to handle specific tasks while still ensuring the principal has control over other aspects of their affairs. c. Durable Power of Attorney: A durable power of attorney remains valid even if the principal becomes incapacitated. This is particularly relevant for prisoners since their capacity may be impacted during their time in confinement. Conclusion: Establishing a power of attorney for individuals in prison without capacity is crucial to protect their interests and ensure their affairs are managed appropriately. By granting decision-making authority to a trusted representative, the incarcerated individual can have peace of mind knowing that their financial, legal, and healthcare matters are in capable hands. Understanding the different types of power of attorney available can help tailor the arrangement to suit specific needs and circumstances.
