Pennsylvania POA Hot Powers
By Sean Quinlan, Esq. · Updated January 15, 2025
Pennsylvania's POA statute (20 Pa.C.S. § 5601.4) lists 'hot powers' that require express, specific grants in the POA document. A general grant is not enough.
The hot-power list
Make gifts, create/amend/revoke a trust, change beneficiary designations, delegate authority, waive a survivor benefit, exercise fiduciary powers, disclaim property.
Why it matters
Without express grants, the agent cannot complete late-life Medicaid planning, beneficiary updates after a divorce, or asset-protection moves.
Drafting
Hot powers should be enumerated separately and the principal should initial each one. Banks and brokerages look for this.
See the PA POA 2025 guide.
This article is general information about Pennsylvania law as of the update date above. It is not legal advice for your situation and does not create an attorney-client relationship. For advice on your specific facts, please schedule a consultation.
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