Power of attorney did not include power to create joint accounts with rights of survivorship, or to commingle assets of the principal with the agents, so the creation of a joint account was invalid and the money in the account … Continue reading
Tag Archives: Power of Attorney
The successor agent did not have the power to bind the principal to an arbitration agreement when there was no showing that the initial agent named in the power of attorney was “unwilling or unable to act” as attorney-in-fact for … Continue reading
An agent with the power to receive the income or corpus of a trust, as provided in 20 Pa.C.S. § 5602(a)(7), cannot revoke the principal’s revocable trust by withdrawing all of the income and principal; an agent’s power over a … Continue reading
In response to several requests, I have edited the page with my power of attorney form to include a link to a copy of the form as an MS Word document. … Continue reading
When there is clear evidence that a substantial amount of money is missing, an agent will be required to file an account even though the agent lacks records to prepare a full account. Guardo v. Buzzuro, 7 Fid.Rep.3d 14 (O.C. … Continue reading
The sample form of durable general power of attorney and the commentary on the form have been updated to reflect the changes to 20 Pa.C.S. Ch. 56 (“Powers of Attorney”) made by Acts 79 and 103 of 2016. (See “PEF Code Omnibus Amendments and … Continue reading
Upon preliminary objections to a complaint filed in the Civil Division alleging abuse of a power of attorney, the action was transferred to the Orphans’ Court, which has exclusive jurisdiction under 20 Pa.C.S. § 711(22). Preliminary objection alleging that the … Continue reading
The beneficiaries of certificates of deposits which the decedent had titled “in trust for” their benefit had standing to challenge actions of decedent’s agents who removed the beneficiary designations before the decedent’s death, notwithstanding the general rule that only the … Continue reading
Enforcement of arbitration clause was denied when there was a lack of evidence that the son of the decedent had the authority to act for the decedent. Wisler v. Manor Care of Lancaster, 2015 PA Super 189, 124 A.3d 317 … Continue reading