Pennsylvania Power of Attorney Guide 2026

This content is for informational purposes only and does not constitute legal advice. Consult a licensed Pennsylvania attorney for advice specific to your situation.

A Power of Attorney (POA) lets you choose someone to make decisions for you. This guide explains the types of POA available in Pennsylvania and how to create a valid document.

Quick Facts: Power of Attorney in Pennsylvania

What Is a Power of Attorney?

A Power of Attorney is a legal document where you (the "principal") give someone else (your "agent" or "attorney-in-fact") the authority to act on your behalf.

Key Terms

• Principal: The person creating the POA
• Agent/Attorney-in-Fact: The person given authority to act
• Durable: Remains valid if you become incapacitated
• Springing: Only takes effect under specific conditions

Types of Power of Attorney in Pennsylvania

1. General Power of Attorney

Gives broad authority to handle:

• Financial transactions
• Banking
• Real estate
• Business operations
• Insurance claims

Ends if you become incapacitated (unless it's durable)

2. Durable Power of Attorney

• Remains valid even if you become incapacitated
• Essential for estate planning
• Required language per 20 Pa.C.S. § 5601.1

3. Limited (Special) Power of Attorney

• Authority limited to specific tasks
• Examples: selling a car, handling a single transaction
• Expires when the task is complete

4. Healthcare Power of Attorney

• Agent makes medical decisions if you cannot
• Often combined with a Living Will
• Governed by 20 Pa.C.S. ch. 54

5. Springing Power of Attorney

• Takes effect only when a specific event occurs
• Common trigger: doctor certifies incapacity
• Requires careful drafting

Requirements for a Valid POA in Pennsylvania

Financial Power of Attorney

Pennsylvania has strict requirements under 20 Pa.C.S. ch. 56:

1. Written document signed by the principal
2. Two witnesses (both must be 18+)
3. Notarized (required)
4. Clear identification of principal and agent
5. Specific powers granted to the agent
6. Notice provisions (required language)
7. Durability language if intended to be durable

Healthcare Power of Attorney

1. Written document signed by the principal
2. Two witnesses (one cannot be healthcare provider)
3. Notarized (recommended)
4. Clear identification of healthcare agent

Choosing Your Agent

Who Can Be an Agent?

• Anyone 18 or older
• Someone you trust completely
• Should be organized and responsible
• Can be a family member, friend, or professional

Who Should NOT Be Your Agent?

• Anyone who may have conflicts of interest
• Someone who struggles with financial matters
• Your healthcare provider or their employee

Naming Alternate Agents

Always name at least one alternate agent in case your first choice cannot serve.

How to Create a Pennsylvania POA

Step 1: Choose Your Agent

1. Select someone you trust completely
2. Discuss the responsibilities with them
3. Make sure they are willing to serve

Step 2: Draft the Document

1. Include the required Notice provisions
2. List all powers you want to grant
3. Include durability language if desired
4. Name alternate agents

Step 3: Sign with Witnesses and Notary

1. Sign the document in front of two witnesses
2. Have the document notarized
3. Witnesses cannot be:

• The agent
• The agent's spouse
• A relative of the principal or agent

Step 4: Distribute Copies

1. Give copies to your agent
2. Give copies to alternate agents
3. Provide to banks, doctors, and other institutions as needed

What Powers Can You Grant?

Common Financial Powers

• Access bank accounts
• Pay bills
• File taxes
• Manage investments
• Buy or sell real estate
• Handle insurance claims
• Operate your business
• Make gifts (limited)
• Create or modify trusts

Common Healthcare Powers

• Consent to or refuse medical treatment
• Access medical records
• Choose healthcare providers
• Make end-of-life decisions
• Authorize organ donation

Revoking a Power of Attorney

How to Revoke

1. Create a written revocation document
2. Sign with witnesses and notary
3. Notify your agent in writing
4. Notify all institutions that have a copy of the original POA

Automatic Revocation

A POA is automatically revoked if:

• You create a new POA that supersedes the old one
• You get divorced (in Pennsylvania, divorce revokes a POA naming your spouse)
• You die

Legal Aid Resources in Pennsylvania

Controlling Statutes

• 20 Pa.C.S. ch. 56 (Powers of Attorney)
• 20 Pa.C.S. ch. 54 (Healthcare Powers and Living Wills)
• 20 Pa.C.S. § 5601.1 (Durability requirements)

Next Steps

1. Choose your agent — Someone you trust completely
2. Decide on powers — What authority to grant
3. Create the document — Include required notice language
4. Sign with witnesses and notary — Required in Pennsylvania
5. Distribute copies — To agents and institutions

Get Pennsylvania Power of Attorney Documents

jurisdiction-correct Pennsylvania Power of Attorney documents from Jurist-Diction include templates for financial and healthcare POA — starting at $47.

Templates are for informational purposes only and do not constitute legal advice. For legal advice, contact a licensed Pennsylvania attorney or Philadelphia Legal Assistance at (215) 981-3800.