Pennsylvania Power of Attorney Guide

Power of Attorney in Pennsylvania

Pennsylvania's Power of Attorney Act (20 Pa.C.S. § 5601 et seq.) has strict execution requirements including mandatory agent acknowledgment and two witnesses — making proper preparation essential before your document can be used.

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Pennsylvania POA: Stricter Than Most States

Pennsylvania amended its POA law in 2015 to add significant protections against elder financial abuse. All POAs executed in PA after January 1, 2015 must include: (1) a mandatory notice to the principal signed by the principal, (2) an agent acknowledgment signed by the agent, and (3) two adult witnesses plus a notary. POAs lacking these elements are void and will not be honored by financial institutions.

Types of Power of Attorney in Pennsylvania

Durable Power of Attorney

20 Pa.C.S. § 5601.3

Survives the principal's incapacity. Must include the specific durability language: "This power of attorney shall not be affected by subsequent disability or incapacity of the principal, or by lapse of time." Without this language, the POA terminates if you become incapacitated — the opposite of what most people want.

•Long-term financial management
•Elder care and nursing home planning
•Estate planning
•Alzheimer's or dementia planning

Healthcare Power of Attorney / Advance Directive

20 Pa.C.S. § 5422 et seq.

Pennsylvania's Healthcare Power of Attorney is part of the Advance Directive for Healthcare, which includes a living will component. The document authorizes your healthcare agent to make medical decisions if you are incapacitated. Must be signed before two adult witnesses.

•Medical treatment decisions
•End-of-life care
•Organ donation
•Consent to surgery

Limited (Special) Power of Attorney

20 Pa.C.S. § 5602

Grants authority for a specific transaction or limited time period. Must still comply with the 2015 execution requirements (notice, acknowledgment, two witnesses, notarization). Common for real estate closings where the principal cannot attend in person.

•Real estate closing
•Vehicle sale or purchase
•Single bank transaction
•Filing a specific tax return

Springing Power of Attorney

20 Pa.C.S. § 5601(b)

Becomes effective upon a future event (typically physician certification of incapacity). The triggering conditions must be expressly and specifically defined in the document. Note: some financial institutions are reluctant to honor springing POAs because verifying the trigger condition is complex.

•When you want current control with future coverage
•Business succession planning
•Disability planning

Pennsylvania POA Execution Requirements (Post-2015)

Under 20 Pa.C.S. § 5601(b), every Pennsylvania POA executed after January 1, 2015 must include all five of the following elements:

Principal Notice

The document must include a specific statutory warning notice (20 Pa.C.S. § 5601(b)(3)) explaining the scope of authority and risk of abuse. The principal must sign or initial this notice.

Principal Signature

The principal (you) must sign the document, or direct another person to sign in your presence and at your direction if physically unable.

Two Adult Witnesses

Two adult witnesses must sign the POA in the presence of the principal. Witnesses cannot be: the agent, the agent's spouse or descendants, or any person who will inherit from or benefit from the principal's estate. For healthcare POAs, witnesses also cannot be healthcare providers.

Notarization

The principal's signature must be acknowledged before a notary public. The notary cannot be the agent or a witness.

Agent Acknowledgment

The agent must sign an acknowledgment (20 Pa.C.S. § 5601(c)) stating they understand their duties, will act in the principal's best interest, and will keep records of transactions. This acknowledgment can be signed later — the POA is valid without it, but many institutions require it.

Pennsylvania Agent Duties (20 Pa.C.S. § 5601.3)

Pennsylvania imposes strict fiduciary duties on agents. An agent must:

Required Agent Duties

✓Act in the principal's best interest
✓Act loyally (no self-dealing without authorization)
✓Avoid conflicts of interest
✓Keep detailed records and accounts
✓Keep the principal's assets separate from the agent's assets
✓Cooperate with the principal's healthcare agent

Prohibited Without Specific Authorization

✗Make gifts of the principal's property
✗Create, change, or revoke a trust
✗Change beneficiary designations
✗Create survivorship interests
✗Exercise powers of appointment
✗Delegate authority to another agent

An agent who violates these duties can be held personally liable for damages. Pennsylvania courts take elder financial abuse very seriously, and the 2015 reforms specifically targeted agents who misappropriated incapacitated principals' assets.

Revoking a Pennsylvania Power of Attorney

Execute a written revocation

A revocation must be in writing, identify the POA being revoked (by date of execution and agent's name), and be signed by the principal. Notarization is not legally required but strongly recommended.

Notify the agent in writing

Deliver written notice of revocation to the agent. Once an agent receives notice of revocation, they are legally required to stop acting. Keeping proof of delivery (certified mail) is advisable.

Notify third parties

Contact all financial institutions, healthcare providers, and other parties who were relying on the POA. Provide each with a copy of the revocation. Third parties who act in good faith without notice of revocation are generally protected under Pennsylvania law.

Record if real property was involved

If the POA was recorded in a county recorder of deeds office (as is required for real estate transactions), record the revocation in the same county to provide public notice of termination.

Pennsylvania Power of Attorney Documents

2015-Compliant PA POA Package

Get Pennsylvania-compliant POA documents including the mandatory statutory notice, agent acknowledgment form, durable POA, healthcare advance directive, and limited POA — all updated to the 2015 Pennsylvania requirements.

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For informational purposes only. Not legal advice. Consult an attorney for your specific situation.