Short answer: To get power of attorney in PA, the person granting it (the principal) must have the mental capacity to sign. They sign and date the document, sign a required notice at the front, and sign in front of two adult witnesses and a notary. The agent then signs an acknowledgment before acting. If the parent or spouse can no longer understand what they are signing, a power of attorney is no longer an option and guardianship may be needed.
This guide explains how to get power of attorney in PA step by step. It is part of our estate planning guide. For help preparing one, see our power of attorney services.
What a power of attorney is
A power of attorney (POA) is a legal document that lets one person act for another. The person who signs it and gives the authority is the principal. The person who receives authority is the agent (sometimes called the attorney-in-fact).
An agent does not have to be a lawyer. It is usually a spouse, adult child, or trusted friend.
Types of power of attorney in Pennsylvania
Most people need two separate documents: one for money and property, one for medical decisions.
| Financial (durable) power of attorney | Health care power of attorney | |
|---|---|---|
| What it covers | Bank accounts, bills, real estate, taxes, insurance, benefits, business matters | Medical treatment decisions when you cannot make them |
| Main Pennsylvania law | 20 Pa.C.S. Chapter 56 | 20 Pa.C.S. Chapter 54 |
| When it works | Usually right away, or when you become incapacitated, depending on the wording | Generally when you cannot make or communicate your own decisions |
| Notary needed? | Yes | Different signing rules apply |
| Related document | Will, trust | Living will |
Durable means the power of attorney keeps working if the principal later becomes incapacitated. In Pennsylvania, a power of attorney is generally durable unless it says otherwise. That matters, because the main reason most families sign one is to plan for a time when a parent cannot manage their own affairs.
Health care decisions are covered in more detail on our page about living wills and health care directives.
How to get power of attorney in PA: the signing checklist
Pennsylvania sets specific execution rules for financial powers of attorney in 20 Pa.C.S. § 5601. Execution means the formal signing steps that make a document valid. In general, a valid financial POA must meet these requirements
- [ ] In writing, dated, and signed by the principal. If the principal cannot physically sign, they may sign by mark or direct someone else to sign for them, with extra witnessing rules.
- [ ] Notice signed by the principal. A statutory notice, in capital letters, must appear at the beginning of the document. It warns the principal about the power they are giving. The principal must sign it.
- [ ] Two adult witnesses. Two people age 18 or older must witness the signing.
- [ ] The right witnesses. A witness generally cannot be the agent, the person who signed for the principal, or the notary who takes the acknowledgment.
- [ ] Notarized. The principal’s signature must be acknowledged before a notary public or another person authorized to take acknowledgments.
- [ ] Agent’s acknowledgment. Before acting, the agent must sign an acknowledgment agreeing to act within the scope of the document, in the principal’s interest, and with care.
Missing any one of these steps can make the document unusable when your family needs it.
Step-by-step process
- Choose your agent and a backup. Pick someone you trust, who is organized, and who is willing. Name a successor agent in case the first cannot serve.
- Decide what powers to give. General powers cover routine matters. Some powers, such as making gifts, changing beneficiary designations, or creating or changing trusts, generally must be granted specifically in the document.
- Have the document prepared. It should use the current Pennsylvania notice and acknowledgment language.
- Sign with witnesses and a notary present. Bring photo ID. Make sure the witnesses are not your agents.
- Have the agent sign the acknowledgment.
- Store and share it. Keep the original in a safe, accessible place. Give copies to your agent and, if you choose, your bank.
Why a generic power of attorney form can fail
Many people search for a free power of attorney form Pennsylvania families can print and sign. Some online forms are fine. Many cause problems. Here is why
- Missing or outdated notice. Pennsylvania’s notice language changed when the law was updated in 2014 (Act 95 of 2014). Older or national forms may not include the right text.
- No agent acknowledgment. Some forms skip it entirely.
- Wrong witnesses. A family member who is also the named agent signs as a witness. That generally does not meet the rules.
- Missing specific powers. A form that does not expressly grant gifting or trust powers may leave the agent unable to do important planning, including some long-term care planning.
- Bank refusal. Banks and brokerages review powers of attorney closely. Pennsylvania law addresses when third parties must accept a valid power of attorney, 20 Pa.C.S. § 5608, but a defective form gives them a reason to say no.
- Real estate problems. If the agent will sell or mortgage real estate, the document may need to be recorded with the deed at the county Recorder of Deeds. A form that is unclear about real estate powers can stall a sale.
A form may look official and still not work in Pennsylvania. The time to find out is before it is needed, not at the bank counter.
What an agent can and cannot do
An agent has real power, so Pennsylvania law sets duties. In general, an agent must act in good faith, within the scope of the authority granted, and in the principal’s interest. Agents must keep the principal’s money separate from their own and keep records. An agent who misuses money can be held responsible.
An agent generally cannot
- Make a will for the principal
- Act after the principal dies (the executor takes over then)
- Use powers the document does not grant
What if a parent already lacks capacity?
This is one of the most common calls families make. A parent has dementia or a sudden illness, and nobody has power of attorney.
Here is the hard rule: a person must have capacity to sign a power of attorney. Capacity means the ability to understand what the document is and what it does. If your parent no longer has capacity, they cannot validly sign a new one, and nobody can sign it for them without their direction.
In that case, the usual path is guardianship. A guardian is a person appointed by the Orphans’ Court to make decisions for someone the court finds to be incapacitated. Pennsylvania’s guardianship rules are in 20 Pa.C.S. Chapter 55. Guardianship generally requires
- A petition filed with the Orphans’ Court in the county where the person lives (Washington or Allegheny, for most families we serve)
- Notice to the person and family members
- Medical evidence of incapacity
- A court hearing
Guardianship is usually slower, more expensive, and more public than a power of attorney. The court also supervises the guardian on an ongoing basis. That is the strongest reason to sign a power of attorney while everyone is healthy.
If capacity is uncertain, talk to a lawyer quickly. Some people have good days and bad days, and capacity is judged at the time of signing.
Key takeaways
– Most people need both a financial power of attorney and a health care power of attorney.
– A Pennsylvania financial POA must be signed, dated, witnessed by two qualified adults, notarized, and include a signed notice; the agent signs an acknowledgment.
– Generic forms often fail because of missing notices, wrong witnesses, or missing specific powers.
– If a parent already lacks capacity, a power of attorney is no longer available, and guardianship may be required.Free download: Estate Planning Document Checklist
See every document your plan should include, from wills to powers of attorney. Get the free estate planning checklist
Get your power of attorney done right
If you want a power of attorney prepared, or a parent’s capacity is starting to slip, call (304) 982-1586 or request a consultation. After you call, we will ask a few questions about your family and goals, explain the documents that fit, and schedule a signing with witnesses and a notary. Families from the Pittsburgh area can see our Pittsburgh location details.
Frequently asked questions
Does a power of attorney need to be notarized in Pennsylvania?
Yes, for a financial power of attorney. The principal’s signature must be acknowledged before a notary or another authorized official, and two qualified adult witnesses must also sign. Health care powers of attorney follow different signing rules under Chapter 54.
Can I get power of attorney for a parent with dementia?
Only if your parent still has the capacity to understand the document when they sign. Early-stage dementia does not always mean a person lacks capacity. If capacity is already lost, guardianship through the Orphans’ Court is usually the path.
Who can be a witness to a power of attorney in PA?
Generally, any adult age 18 or older, except the agent, the person who signed for the principal, or the notary taking the acknowledgment. Many people use neutral witnesses, such as office staff, to avoid later questions.
Does a power of attorney end at death?
Yes. A power of attorney ends when the principal dies. After death, the executor named in the will, or an administrator appointed by the Register of Wills, handles the estate. See our probate process for what happens next.
Can I revoke a power of attorney in Pennsylvania?
Yes, as long as you have capacity. Revocation is usually done in writing and shared with the agent and any institution that relied on the document. If the POA was recorded for real estate, the revocation may need to be recorded too.
About the author
Heather N. Kostrub, Attorney, Kostrub Law Firm, PLLC. Heather focuses on estate planning, wills, trusts, powers of attorney, and family and business succession for clients in Washington and Allegheny counties. Read Heather’s full bio.
This page is general information, not legal advice. Reading it does not create an attorney-client relationship.