[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Attorney's Name] [Attorney's Address] [City, State, ZIP Code] Subject: Pennsylvania Sample Letter for Invalid Power of Attorney Dear [Attorney's Name], I hope this letter finds you well. I am writing to seek your guidance and assistance regarding an issue I have encountered with an invalid Power of Attorney (POA) in the state of Pennsylvania. Recently, I became aware that the POA document executed by [Principal's Name] on [Date] may be invalid due to certain legal reasons. It has come to my attention that the following errors or discrepancies have potentially rendered the POA ineffective: 1. Lack of Proper Execution: The Pennsylvania Power of Attorney law requires specific formalities for valid execution, such as the presence of two subscribing witnesses or notarization. Unfortunately, the POA in question fails to meet these essential requirements. 2. Principal's Lack of Capacity: It is apparent that at the time of executing the POA, [Principal's Name] lacked the mental capacity necessary to understand the nature and consequences of the document. This invalidates the POA as per Pennsylvania law. 3. Coercion or Undue Influence: Furthermore, there are substantial concerns regarding potential coercion or undue influence exerted upon [Principal's Name] during the execution of the POA. This raises serious questions about its validity and legality. 4. Failure to Revise or Revoke Prior POA's: Additionally, no evidence is found to suggest that [Principal's Name] properly revoked any preexisting POA's, if applicable. Failure to do so may render the new POA invalid. Considering these circumstances, I kindly request your expertise in assessing the validity of the existing POA and determining the necessary legal steps to rectify the situation. As an experienced attorney specializing in Pennsylvania POA laws, your guidance and advice are invaluable in safeguarding the interests and rights involved. I would be grateful if you could provide me with a Pennsylvania Sample Letter for Invalid Power of Attorney to facilitate the necessary communication and rectification process. Having a template or guideline will greatly assist me in organizing my thoughts and addressing the matter appropriately. Thank you for your time and attention to this matter. I look forward to your prompt response and the opportunity to discuss this further. Feel free to contact me at [Phone Number] or [Email Address] if you require any additional information. Yours sincerely, [Your Name]
Pennsylvania Sample Letter for Invalid Power of Attorney
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How to fill out Pennsylvania Sample Letter For Invalid Power Of Attorney?
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The POA cannot transfer the responsibility to another Agent at any time. The POA cannot make any legal or financial decisions after the death of the Principal, at which point the Executor of the Estate would take over. The POA cannot distribute inheritances or transfer assets after the death of the Principal.
Finally, a Power of Attorney will end automatically when you die and your agent learns of your death. In some cases, the Power of Attorney will terminate automatically. When you create the Power of Attorney, you can arrange for it to end at a certain time by including an expiration date into the document.
It is essential to note that in Pennsylvania, a principal can revoke power of attorney for any reason, so long as they follow the correct process. Generally, a principal may want to revoke the authority they've granted someone if they no longer trust the individual.
If you decide that you no longer want or need a Power of Attorney, or if you change your mind about who your agent is, you can terminate a Power of Attorney by giving written notice to your agent. You should also give notice to your bank, your doctor, or anyone else who got a copy of your Power of Attorney.
You are able to file a copy of your POA with the Orphan's Court Division of the Court of Common Pleas, but it is not required. If your POA will include the authority to make decisions about real estate transactions, you can also record it in your county's office for recording deeds.
With irrevocable power of attorney, the document is set in stone throughout the person's life, unless otherwise stated. These are just a small sampling of the many types of power of attorney a power of attorney lawyer can prepare for you.
Although it is not required, filing a power of attorney in Pennsylvania may be done with the clerk of the Orphan's Court Division of the Court of Common Pleas in the county where the principal resides.
Pennsylvania law requires that POAs must be signed by the principal and witnessed by two people who are ages 18 or older. The document must also be dated and notarized. If the principal cannot write, he or she is allowed to sign the document by using a mark or by asking someone else to sign the POA for him or her.
