I noticed an interesting comment in an opinion from the Fiduciary Reporter:

[A]n agent under a power of attorney does not have the power to execute a testamentary document on behalf of his or her principal. This concept is axiomatic – so much so that we can find and were cited to no Pennsylvania cases that spell it out, although numerous legal treatises, commentaries and interest blogs and commentaries affirm it.

Pendergrass Will (O.C. Div. Montgomery) 30 Fiduc. Rep. 2d Nov. 2010 (emphasis and italics added).

The judiciary is now citing to blogs!

Maybe it’s time to start one.

Related Posts

The #1 Problem in Powers of Attorney

The #1 Problem in Powers of Attorney

In the many powers of attorney I see in my line of work, one problem recurs over and over again. And it’s costing families tens of thousands, and even hundreds of thousands, of dollars in asset protection. The number one problem is inadequate gifting provisions. If...

Share This