Pennsylvania Durable Special Power of Attorney Granting Agent the Right to Execute Oil and Gas Leases, Attendant instruments, and Deal with Oil and Gas Properties

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US-OG-021
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Description

This power of attorney grants the agent/attorney in fact more comprehensive powers in dealing with oil and gas properties. By being durable, it allows the agent to execute oil and gas leases and otherwise deal with properties after the disability or incapacity of the principal/owner.
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FAQ

What is the granting clause? The granting clause is the clause under which the owner of the oil and gas rights leases the oil and gas rights to the oil and gas company along with the right to develop the oil and gas on a specifically described piece of real estate.

In Pennsylvania, you must notarize the POA and also have it witnessed by two people who are over 18, and who are not helping you sign the document, not named in the POA as agents, and not the notary public.

One major downfall of a POA is the agent may act in ways or do things that the principal had not intended. There is no direct oversight of the agent's activities by anyone other than you, the principal. Pros and Cons of Utilizing a Power of Attorney weltman.com ? publication-pros-and-cons-o... weltman.com ? publication-pros-and-cons-o...

General power of attorney And, unless designated as durable (see below), the power ends when you become incapacitated. For most people, the best option is to have a general durable power of attorney because it gives your agent broad powers that will remain in effect if you lose the ability to handle your own finances. What to Know About the Different Types of Power of Attorney - Carefull getcarefull.com ? articles ? types-of-power-of-atto... getcarefull.com ? articles ? types-of-power-of-atto...

Durable Power of Attorney: A durable power of attorney can be general or limited in the authority it grants to the agent. The difference is that it includes a clause that keeps it in effect after the principal becomes incapacitated, and it does not terminate until the principal's death.

The difference has to do with whether the powers remain effective after the onset of a disability. That is, the regular power of attorney ceases to be effective if you become disabled, whereas the ?durable? power of attorney continues to be effective despite your subsequent disability. WHAT'S THE DIFFERENCE BETWEEN A DURABLE POWER ... The Elder Law Firm of Robert Clofine ? blog ? whats-the-differ... The Elder Law Firm of Robert Clofine ? blog ? whats-the-differ...

However, a general power of attorney only operates while you are still coherent and mentally capable. It automatically expires upon incapacity or death. A durable power of attorney remains operational upon incapacity, although it expires upon death.

--A durable power of attorney is a power of attorney by which a principal designates another his agent in writing. The authority conferred shall be exercisable notwithstanding the principal's subsequent disability or incapacity. Title 20 - PA General Assembly PA Legislature - ? legis ? consCheck PA Legislature - ? legis ? consCheck

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Pennsylvania Durable Special Power of Attorney Granting Agent the Right to Execute Oil and Gas Leases, Attendant instruments, and Deal with Oil and Gas Properties