IN Brentwood-Baldwin-Whitehall Summer 2017 | Page 3

INDUSTRY INSIGHT
LEGAL INSIGHT
SPONSORED CONTENT
C O V E L L I L AW O F F I C E S , P. C .
P
Use a Power of Attorney to Make Life
Easier for Your Loved Ones
eople tend to think that power of attorney
only arises when dealing with elderly family
members whose mental capabilities are
lessening with age. The truth is power of attorney can
be a valuable part of every family’s emergency plan,
ensuring that the needs of all family members may
be met.
“Power of attorney comes in many different forms,”
says Joe Covelli of Covelli Law Offices. “The power of
attorney law was recently changed in Pennsylvania,
and there are formalities that must be adhered to
with any power of attorney. They can be simple or far-
reaching—in regard to what powers are granted.”
A power of attorney document can be “tailor-
made” – and encompass authority that is very limited
or, alternatively, quite extensive. The document can
simply grant authority to a grown child of an aging
parent to pay bills as they become due. They can
also be more customized, granting rights to several
co-agents, or be “springing,” meaning that rights are
granted to the agent only if a certain event takes
place (such as the incapacity of the grantor).
“With co-agents, the power of attorney would
require that both co-agents must sign anything
related to the grantor’s personal affairs, putting
into place a system of checks and balances,” Covelli
explains. “Also, the grantee has the opportunity
but not the duty to take on the obligations offered
through the power of attorney. Just because you
choose someone doesn’t mean they have to accept.
If they do act, they must do so in a prudent manner,
looking out for the best interests of the grantor. So,
it’s always a good idea to name an alternate, in case
your first choice refuses or is unable to accept the
responsibility.”
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And those responsibilities don’t end with financial
assets. Should you become incapacitated, your
power of attorney could take precedence over other
documents, such as advanced care directives that you
may have on file with your health care provider.
“If you do have an advanced care directive, it
should be consistent with the terms contained within
a power of attorney,” Covelli says. “If it conflicts with
a previous advanced care directive, the power of
attorney may prevail. And the power of attorney
may extend beyond end-of-life decisions, which
most people think about when they hear the term
advanced care directive. It may address decisions
related to items like surgery, dialysis, chemotherapy—
pretty much everything that can happen to you in a
health care context.”
In most cases, spouses are usually the first grantor
named in a power of attorney, but, as people age,
grown children are typically next in line for candidacy.
Open and frank discussions should be held with
anyone you are considering as a grantee for your
power of attorney. The responsibilities can be
demanding. There also is a possibility that a power of
attorney can be abused if not handled responsibly.
People have been known to use the power of
attorney to benefit themselves, using access to funds
and assets of the grantor as a source of enrichment.
This is why you should consider your options well in
advance, find someone you trust who will consent to
the responsibility should it arise, and consult with an
attorney to have documents drawn on your behalf.
For more information on Covelli Law Offices, go to
Covellilaw.com online, or call 412.653.5000. Covelli
Law is located at 357 Regis Avenue (across from the
Pleasant Hills-West Mifflin Post Office).
Joe Covelli has over 35 years’
legal experience and is a “5
Star Professional Award”
Recipient. He is a Member
of the “National Academy of
Elder Law Attorneys”, and he
heads a team of attorneys with
expertise in several areas of
the law. For more information,
call 412-653-5000, or visit
www.covellilaw.com.
FREE Consultation | Call Today! 412-653-5000
Brentwood-Baldwin-Whitehall | Summer 2017 | icmags.com 1