Short answer: Pennsylvania does not have one official power of attorney form that everyone must use. A financial power of attorney in PA is valid if it is in writing, dated and signed, includes the notice required by law, and is signed in front of two witnesses and a notary. The agent must also sign an acknowledgment before acting. Forms that miss any of these steps are often rejected by banks.
This guide explains what a Pennsylvania power of attorney form must include, the powers that need special language, and how a medical power of attorney is different.
Requirements for a valid power of attorney in PA
For a financial (durable) power of attorney, Pennsylvania law generally requires:
- Writing, date and signature. The principal (the person giving the power) signs and dates the document. If they cannot sign, another person can sign at their direction in certain circumstances.
- The required notice. The document must include a notice, in capital letters, explaining the powers being given and that the agent must act in the principal’s best interest. The principal signs the notice.
- Two witnesses. Two adults must witness the signing. The agent cannot be a witness, and neither can the person who signs on the principal’s behalf.
- A notary. The signature must be acknowledged before a notary public.
- The agent’s acknowledgment. Before acting, the agent signs a statement accepting the duties to act in good faith, within the authority given, and in the principal’s best interest.
Is a Pennsylvania power of attorney durable?
Yes, by default. A Pennsylvania power of attorney stays in effect if the principal later becomes incapacitated, unless the document says otherwise. That is why it is often called a durable power of attorney. It ends at death, when the estate’s executor takes over.
Powers that need special wording
Some powers are considered high risk and must be specifically granted in the document. These include the power to:
- Make gifts
- Create, change or revoke a trust
- Change beneficiary designations or survivorship rights
- Disclaim property
Generic online forms often leave these out or grant them too broadly. For landowners, it also helps to state clearly whether the agent can sign oil and gas leases, division orders and royalty paperwork.
Medical power of attorney in PA
A medical, or health care, power of attorney names someone to make health care decisions if you cannot. In Pennsylvania it is a separate document with its own rules, and it is often combined with a living will in an advance directive. It must be signed and dated and witnessed by two adults. See our health care directives page and our guide to the medical power of attorney and living will in Pennsylvania.
Using a free PA power of attorney form
Free forms can work for simple situations, but common problems include:
- Missing the Pennsylvania notice or the agent’s acknowledgment
- Signing without two witnesses or a notary
- Out-of-state forms that do not meet Pennsylvania requirements
- Powers that are too narrow for what the family later needs, such as selling a house or dealing with a gas company
- Gifting powers that are missing, or granted without limits
Banks and brokerage firms can refuse documents they consider defective, and that often happens at the worst possible time.
Choosing your agent
Pick someone you trust who is organized and available. You can name a backup agent, or two agents to act together or separately. Your agent has legal duties to you and must keep your money separate from their own.
Frequently asked 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 witnesses.
Can I make my own power of attorney in PA?
Yes, if it meets all the legal requirements. Many people still have one prepared by an attorney to avoid rejection by banks and to tailor the powers. Our guide to getting power of attorney in PA covers the process.
How do I check whether a power of attorney is valid?
Look for the notice, two witnesses, the notary and the agent’s acknowledgment. Read how to verify a power of attorney in Pennsylvania.
What happens if there is no power of attorney?
If someone loses capacity without one, the family may need to ask the Orphans’ Court to appoint a guardian, which takes time and money. See power of attorney vs. guardianship.
Need a power of attorney that banks will accept? Heather N. Kostrub prepares powers of attorney for families in Washington County and the Pittsburgh area. Call (304) 982-1586.