Power of attorney in Pennsylvania: rules, signing, who to name
The short answer
A Pennsylvania financial power of attorney is durable unless it says otherwise. You sign and date it before a notary and two adult witnesses, and you sign a required notice at the top. Your agent can't act until they sign an acknowledgment. Some powers, like making gifts, must be written in expressly.
A financial power of attorney lets someone you trust pay your bills, talk to your bank and keep the house running if you can't. Every state has its own rules for making one. Pennsylvania's signing rules are stricter than most, so it pays to know them before you sit down with a pen.
This page is one of our state-by-state estate planning guides. If you want the basics first, start with what a power of attorney does. Here we cover how Pennsylvania handles durability, signing, acceptance by banks, and who to name.
Is a Pennsylvania power of attorney durable?
Yes. In Pennsylvania, every power of attorney is durable unless it specifically says otherwise (20 Pa.C.S. § 5601.1). Durable means it keeps working if you later lose the ability to manage things yourself.
That matters because incapacity is usually when the document is needed most. Our post on the durable power of attorney explains the idea in more depth. Some people prefer a document that only starts later, and our post on springing powers of attorney covers that choice.
How do you sign a power of attorney in Pennsylvania?
Pennsylvania asks for both a notary and two witnesses. Many states ask for one or the other. Here is what the law requires (20 Pa.C.S. § 5601(b)):
- Dated and signed by you. You can also sign by mark, or have another person sign at your direction.
- Acknowledged before a notary. The notary cannot be your agent.
- Witnessed by two adults. Each must be 18 or older.
- Witnesses who are independent of the signing. Neither witness can be your agent, the notary, or the person who signed for you.
A Pennsylvania lawyer may take the acknowledgment instead of a notary. That lawyer just can't also be one of the two witnesses.
What is the notice, and why does it matter?
Pennsylvania requires a statutory NOTICE at the beginning of the document, printed in capital letters. You sign it (20 Pa.C.S. § 5601(c)). It explains, in plain terms, the power you are handing over.
If the signed notice is missing and someone later challenges your agent, the burden shifts. Your agent would have to prove that what they did was proper. A signed notice keeps that extra hurdle out of their way.
Why can't my agent act until they sign?
This is the rule that surprises people. Your agent has no authority at all until they sign an acknowledgment and attach it to the document (20 Pa.C.S. § 5601(d)).
In it, your agent promises three things. They will act in good faith. They will stay within the powers you gave them. And they will act on your reasonable expectations, or otherwise in your best interest.
That promise makes your agent a fiduciary: legally required to act in your interest and follow what you wrote. A practical tip: ask your agent and any backup to sign their acknowledgments soon after you sign. Then nobody is hunting for a signature in a hospital waiting room.
Signing checklist
| Step | Who does it | Done? |
|---|---|---|
| Sign the NOTICE at the top | You | |
| Date and sign the document | You (or someone at your direction) | |
| Acknowledge before a notary or Pennsylvania lawyer | You, with the notary | |
| Two adult witnesses sign | Two people who aren't your agent, notary or signer | |
| Sign the agent's acknowledgment | Your agent, and each backup agent | |
| Give copies to your agent and your bank | You |
Will my bank accept it?
Pennsylvania gives banks and other third parties a clock. Within 7 business days after your agent presents the document, they must either accept it or ask for something more (20 Pa.C.S. § 5608.1). They can ask for an agent's certification, an affidavit, a translation or an opinion of counsel.
Once they get what they asked for, they have 5 business days to accept. They cannot insist on their own form. They may refuse only for reasons the law lists, such as a good-faith belief that the document isn't valid, or a report to protective services.
A wrongful refusal can lead to civil liability and a court order to accept. These rules don't apply to powers of attorney made in other states or to government forms. A third party that accepts in good faith is protected from liability (20 Pa.C.S. § 5608).
Which powers must be written in expressly?
Some powers are too important to assume. Your agent can do the following only if your document expressly grants them (20 Pa.C.S. § 5601.4(a)):
- Create, amend, revoke or end a living trust.
- Make gifts.
- Create or change rights of survivorship.
- Create or change beneficiary designations.
- Delegate authority to someone else.
- Waive joint-and-survivor annuity rights.
- Exercise fiduciary powers.
- Disclaim property.
- See the content of your electronic communications.
There is a built-in safeguard. Unless your document says otherwise, an agent who isn't your spouse, ancestor (such as a parent) or descendant (such as a child or grandchild) can't use these powers to benefit themselves or anyone they must support. And by default, a general gift power is capped at the federal annual gift-tax exclusion per person.
If you have a living trust, this matters twice. Pennsylvania also says an agent can revoke or amend your trust only as far as the trust or the power of attorney expressly allows (20 Pa.C.S. § 7752).
Does this document cover medical decisions?
No. A financial power of attorney handles money and property. Health care decisions go in a separate document with its own, simpler signing rules. The notice, notary and acknowledgment rules above don't apply to a power of attorney that covers only health care (20 Pa.C.S. § 5601). Our guide to the Pennsylvania medical power of attorney walks through it.
Who should I name?
The law sets the formalities. The harder question is the person. Think about who is organized, who lives close enough to open the mail, and who will follow your wishes even when they'd choose differently.
A few things to weigh:
- Willingness. Ask first. The acknowledgment means your agent must actively agree.
- A backup. People move, get sick or simply run out of time. Our post on naming a backup in every role explains why a second name matters.
- Family or friend. Many people name a sibling or a trusted friend. Our post on naming a friend as power of attorney covers what to talk through.
Here is a typical case, a composite. Carol is 68 and lives outside Pittsburgh. Her son is in Oregon, so she names her friend Ruth, who already collects her mail when she travels, with her son as backup. Ruth signs her acknowledgment the same afternoon.
Some people would rather have a professional standing by, first or behind a friend. A Kinly membership includes a financial power of attorney written for your state, and Trella Trust Company can be named in the role. You can read how it works.
Without a signed power of attorney, your family may need a court to appoint a guardian of the estate. Our post on how to avoid guardianship explains the alternatives. When you're ready to think about what happens after death, see our guide to probate and small estates in Pennsylvania.
Common questions
Does a power of attorney need to be notarized in Pennsylvania?
Yes. A Pennsylvania financial power of attorney must be acknowledged before a notary and signed in front of two adult witnesses. A Pennsylvania lawyer can take the acknowledgment instead, as long as that lawyer isn't one of the witnesses.
Can my agent be one of the witnesses?
No. Neither witness can be your agent, the notary, or the person who signed on your behalf. Choose two other adults.
Can a Pennsylvania bank refuse my power of attorney?
Only for reasons the law lists, such as a good-faith belief the document isn't valid. The bank must accept or ask for more information within 7 business days, then accept within 5 business days of getting it. It can't demand its own form.
Can my agent make gifts or change my beneficiaries?
Only if your document expressly says so. Pennsylvania lists gifts, beneficiary changes, survivorship rights and trust changes among the powers that need a specific grant. A general gift power is capped by default at the federal annual gift-tax exclusion per person.
When can my agent start acting?
Not until they sign and attach the agent's acknowledgment. Until then, they have no authority, even if everything else was signed properly.
Sources
This page is general information, not legal or financial advice. Laws vary by state.