Planning for future incapacity protects both you and your loved ones. A power of attorney document lets you designate someone to make decisions on your behalf if you become unable to do so yourself. While some people attempt to create these documents without legal help, working with an attorney ensures your power of attorney meets legal requirements and serves your specific needs. This guide walks you through the process of finding and hiring the right attorney for this important task.
Understand What Powers of Attorney Do
A power of attorney is a legal document that grants authority to another person, called your agent or attorney-in-fact, to act on your behalf. The authority can be broad or limited, depending on how you structure the document. Powers of attorney serve various purposes and come in several forms.
A financial power of attorney allows your agent to handle money matters. This might include paying bills, managing investments, conducting banking transactions, or selling property. You can make it effective immediately or have it activate only upon your incapacity.
A healthcare power of attorney, sometimes called a medical power of attorney, authorizes your agent to make medical decisions if you can’t communicate your wishes. This document ensures someone you trust can work with doctors and make treatment choices aligned with your values.
A durable power of attorney remains in effect even after you become incapacitated. Most people creating powers of attorney want this feature, as incapacity is precisely when you need someone acting on your behalf. Non-durable powers of attorney terminate upon incapacity.
A springing power of attorney takes effect only when a specific event occurs, typically your incapacity. While this seems appealing, proving incapacity can create complications. Immediate durable powers of attorney often work better despite initial concerns about giving someone authority before you need it.
Recognize Why You Need Legal Help
Pennsylvania law allows people to create powers of attorney without attorneys. Standard forms are available online and in self-help books. However, several factors make professional legal guidance valuable for this important document.
Powers of attorney carry significant possibility for abuse. An improperly drafted document might grant too much authority, allow your agent to act in ways you wouldn’t want, or fail to include necessary protections. An attorney helps you create a document that serves your needs while including safeguards.
State laws governing powers of attorney vary. What works in one state may not be valid in Pennsylvania. Attorneys practicing in your state understand local requirements and ensure your document complies with applicable laws. This is particularly important if you own property in multiple states.
Every person’s situation differs. Your family dynamics, assets, healthcare preferences, and concerns about possible abuse require individualized attention. Template documents can’t address your specific circumstances. An attorney crafts a power of attorney that fits your particular needs.
An attorney can explain the implications of different choices. Should you grant immediate or springing authority? Should you name co-agents or successor agents? What specific powers should you grant or withhold? Professional guidance helps you make informed decisions.
Determine Your Specific Needs
Before searching for an attorney, think about what you want to accomplish with your power of attorney. This preparation helps you communicate clearly with attorneys and ensures you get appropriate legal help.
Consider which type of power of attorney you need. Many people benefit from having both financial and healthcare powers of attorney. Some situations call for limited powers of attorney granting authority only for specific transactions or time periods.
Think about who you’ll name as your agent. This person should be trustworthy, responsible, and capable of handling the duties you’re assigning. Consider naming co-agents who must act together or successor agents who step in if your first choice can’t serve.
Identify any special considerations affecting your power of attorney. Do you own a business that requires specific provisions? Do you have concerns about a particular family member? Are there healthcare decisions you want to address specifically? Do you have assets in multiple states?
Reflect on your budget for this legal work. Powers of attorney vary in cost depending on their complicatedness and the attorney’s rates. Simple documents cost less than those addressing complicated family or financial situations. Knowing your budget helps you find an attorney whose services fit your finances.
Start Your Search for an Attorney
Begin by asking people you trust for attorney recommendations. Friends, family members, or colleagues who’ve created estate planning documents can share their experiences. Personal referrals often lead to attorneys who communicate well and deliver quality work.
Consult financial advisors, accountants, or other professionals you work with. These professionals frequently interact with estate planning attorneys and can recommend qualified practitioners. Their recommendations come from observing how attorneys serve clients over time.
Search online for estate planning attorneys in Pittsburgh. Look for attorneys who specifically mention powers of attorney among their services. Review their websites to learn about their background, experience, and approach to client service.
Contact the Allegheny County Bar Association’s lawyer referral service. This program connects people with attorneys practicing in specific areas of law. While the service doesn’t evaluate attorney quality, it verifies that referred attorneys hold active licenses and carry malpractice insurance.
Look for attorneys who focus on estate planning and elder law. While many general practice attorneys prepare powers of attorney, those specializing in estate planning bring deeper knowledge of how these documents fit into overall planning strategies.
Evaluate Attorney Qualifications
Once you’ve gathered names of attorneys, research their backgrounds. Check their websites for information about education, years in practice, professional memberships, and areas of focus. Look for attorneys who demonstrate commitment to estate planning through ongoing education and professional activities.
Verify each attorney’s license status. The Pennsylvania Bar Association website lets you confirm that an attorney holds an active license. While you’re checking, look for any disciplinary actions or sanctions. Most attorneys practice without incident, but this verification protects you.
Consider if the attorney holds any special certifications. Pennsylvania allows attorneys to become certified specialists in elder law. While certification isn’t necessary for quality work, it indicates advanced training and commitment to this practice area.
Review client testimonials and online reviews. While individual experiences vary, patterns in feedback reveal strengths and weaknesses. Look for comments about communication, thoroughness, and if the attorney made clients feel comfortable discussing sensitive matters.
Create a short list of three to five attorneys who appear to meet your needs. Focus on those with relevant experience, positive reviews, and approaches that seem aligned with your situation. Contact each one to schedule an initial consultation.
Prepare for Initial Consultations
Most estate planning attorneys offer initial consultations to discuss your needs and explain their services. Some charge for these meetings while others provide them free. Ask about consultation fees when you schedule appointments.
Gather information to bring to consultations. List your assets including real estate, bank accounts, investments, retirement accounts, and business interests. Note your family situation including marital status, children, and any complicated family dynamics.
Write down your goals for the power of attorney. What powers do you want to grant? Who are you considering as agents? What concerns do you have? What questions do you need answered? Having this information organized helps you use consultation time effectively.
Prepare to discuss sensitive topics. Power of attorney planning involves considering your incapacity and trusting someone with significant authority. Attorneys handling these matters are accustomed to these conversations and will help you think through difficult issues.
Ask Important Questions During Consultations
Use consultation time to gather specific information about the attorney and their approach to powers of attorney. Start by asking about their experience with these documents. How many powers of attorney do they prepare annually? How long have they been practicing estate planning?
Inquire about their process for creating powers of attorney. Will they meet with you in person or handle everything by phone and email? How long does the process typically take? What information will they need from you? How many drafts can you review before the final document?
Ask about their approach to agent selection and powers granted. How do they help clients think through who to name as agents? What guidance do they offer on granting specific powers? How do they address concerns about abuse?
Discuss coordination with other estate planning documents. Should you create a will at the same time? Do you have existing estate planning documents that need updating? How does a power of attorney fit with other planning strategies?
Request information about their fees. Do they charge a flat rate or hourly rate for powers of attorney? What’s included in that fee? Are there additional costs you should anticipate? Can they provide a written fee estimate?
Assess Communication & Comfort Level
Pay attention to how the attorney communicates during your consultation. Do they explain legal concepts clearly without excessive jargon? Do they listen carefully to your concerns? Do they answer your questions thoroughly?
Notice if you feel comfortable with the attorney. Creating a power of attorney requires discussing personal matters including your finances, health, and family relationships. You need an attorney who makes you feel at ease sharing sensitive information.
Evaluate their responsiveness. How long did it take to schedule the consultation? If you sent information before the meeting, did they review it? After the consultation, how quickly do they follow up? These indicators suggest how they’ll communicate throughout your engagement.
Consider if the attorney seems genuinely interested in helping you. Do they focus on getting to know your needs or do they push standard solutions? Do they take time to answer your questions or seem rushed? The right attorney treats your concerns with care and attention.
Compare Options & Make Your Decision
After meeting with several attorneys, review your impressions and the information gathered. Consider each attorney’s experience with powers of attorney, their approach to creating these documents, their communication style, and their fees.
Think about which attorney seemed to understand your situation best. Who explained things most clearly? Who made you feel most comfortable? With whom did you have the best rapport? These subjective factors matter when selecting someone to help with personal legal planning.
Compare the fees quoted by different attorneys. While cost shouldn’t be your only consideration, it’s a legitimate factor. Make sure you’re comparing similar services. Some attorneys include additional planning documents or longer consultation time in their fees.
Review any written materials the attorneys provided. Brochures, fee schedules, or informational packets reveal how organized and professional their practices are. Quality materials suggest attention to detail that carries over to legal work.
Trust your instincts. If an attorney has great credentials but something feels off, keep looking. You’re entrusting this person with important legal work. Confidence in your choice matters as much as any objective qualification.
Begin Working With Your Chosen Attorney
Once you’ve made your decision, contact the attorney to begin the engagement. They’ll provide representation agreements outlining the scope of services, fees, and your responsibilities. Review these documents carefully before signing.
Provide all information the attorney requests promptly. They’ll need details about your assets, family situation, and preferences for the power of attorney. Complete disclosure helps the attorney create a document that serves your needs effectively.
Review drafts of your power of attorney carefully. Make sure it accurately reflects your wishes. Ask questions about anything you don’t understand. Request changes if provisions don’t match what you intended. This is your document and it should say exactly what you want.
Discuss signing requirements with your attorney. Pennsylvania law has specific rules about how powers of attorney must be signed and witnessed. Your attorney will arrange for proper execution of the document to ensure its legal validity.
Store Your Power of Attorney Safely
After signing your power of attorney, store the original document safely. Many people keep these documents in safe deposit boxes, fireproof safes at home, or with their attorneys. Wherever you store it, make sure your agent knows how to access it.
Give copies to appropriate people. Your agent needs a copy so they can act when necessary. Your healthcare provider should have a copy of your healthcare power of attorney. Consider if financial institutions or family members should receive copies.
Tell trusted people where you’ve stored the original document. If you become incapacitated, someone needs to retrieve the power of attorney so your agent can act. Make access to the document as straightforward as possible.
Review your power of attorney periodically. Life circumstances change. You might want to change agents, grant different powers, or update provisions. Most attorneys recommend reviewing estate planning documents every few years or after major life events.
Creating a power of attorney symbolises an act of wisdom and care for yourself and those you love. By taking time to find the right attorney and create a well-crafted document, you ensure that your affairs can be managed according to your wishes even if you can’t manage them yourself.