A power of attorney is the document your family will need most if an accident or illness leaves you unable to handle money. A power of attorney in Pennsylvania must follow strict signing rules, and banks often reject documents that miss a step. Kostrub Law Firm, PLLC has prepared estate documents for families in Cecil Township and the Pittsburgh area since 2006. Heather N. Kostrub handles this work as part of the firm’s estate planning practice.
What happens after you call: we ask who you trust to act for you, set a meeting with Heather, and tell you what to bring.
What a power of attorney is
A power of attorney is a signed document in which you, the principal, give another person, your agent, legal authority to act for you. A financial power of attorney covers money and property: paying bills, managing bank and retirement accounts, filing taxes, dealing with insurance, and selling or leasing real estate.
A durable power of attorney keeps working if you become incapacitated, which is when most families need it. Some documents are effective immediately. Others “spring” into effect only after a doctor confirms incapacity. Each approach has tradeoffs we walk through with you.
Medical decisions are handled by a separate document, the health care power of attorney. See living wills and health care agents in Pennsylvania.
Power of attorney in Pennsylvania: the law that matters
Pennsylvania’s power of attorney law is 20 Pa.C.S. Ch. 56. Key rules:
- Execution. The document must be dated and signed by you, witnessed by two adults, and acknowledged before a notary (20 Pa.C.S. § 5601(b)). Your agent cannot serve as a witness, and the notary cannot double as one.
- Notice. A statutory notice explaining the agent’s power must appear at the start, and you must sign it (20 Pa.C.S. § 5601(c)).
- Agent’s acknowledgment. Before acting, your agent must sign a statement accepting legal duties (20 Pa.C.S. § 5601(d)).
- Durable by default. A Pennsylvania power of attorney is generally durable unless it says otherwise (20 Pa.C.S. § 5604).
- Special powers. Some powers must be spelled out, such as making gifts, creating or changing a trust, or changing beneficiary designations (20 Pa.C.S. § 5601.4). A form that leaves these out may be too weak for long-term care planning.
- Agent duties. Your agent must act in good faith, stay within the authority granted, and keep records (20 Pa.C.S. § 5601.3).
- Acceptance by third parties. Banks and others generally must accept a valid power of attorney, though they may ask the agent for a certification (20 Pa.C.S. § 5608).
For a walkthrough of forms and signing, read the steps to get a power of attorney in Pennsylvania.
Common situations in Washington and Allegheny counties
- An adult child in Bethel Park helps a parent with early memory loss and needs authority at the bank.
- A Canonsburg couple wants each spouse to be able to handle accounts held in one name.
- A business owner in Cecil Township needs someone to sign payroll and contracts during a surgery or long trip.
- A landowner wants a trusted agent to sign oil and gas lease paperwork or division orders if he cannot.
- A Pittsburgh family finds that a parent’s old power of attorney is missing the notice or the agent’s acknowledgment.
What happens if you don’t act
If you become incapacitated without a power of attorney, no one, including your spouse, automatically has authority over accounts in your name. Your family may need to petition the Orphans’ Court for a guardianship (20 Pa.C.S. Ch. 55). That process can involve a hearing, medical testimony, court costs and ongoing reports to the court. A properly signed power of attorney usually avoids it.
Need a power of attorney that banks will accept? Call (304) 982-1586 or book a time to meet. After you call, we set a meeting with Heather and send a short checklist.
How we handle it, step by step
- Intake call. We learn about your family, your assets and who you trust.
- Planning meeting. Heather explains immediate versus springing powers, special powers and agent choices.
- Drafting. We prepare a durable power of attorney with the statutory notice and agent acknowledgment, tailored to your assets.
- Review. You read the draft and decide on any limits, such as gift powers.
- Signing. You sign with two qualified witnesses and a notary present.
- Agent briefing. We explain your agent’s duties and how to present the document to banks and other institutions.
Most clients sign a power of attorney together with a Pennsylvania will and health care documents. Families settling an estate after a death should know the power of attorney ends at death; at that point the executor takes over through our probate process.
What to bring to your first meeting
- Names and contact information for your agent and a backup agent
- Any existing power of attorney, even an old or out-of-state one
- A list of bank, investment and retirement accounts
- Deeds, leases and business ownership documents
- Notes on any limits you want, such as rules on gifts or selling the house
Fees
We explain fees before drafting begins. Many clients prepare a power of attorney as part of a full plan.
Who handles this
Heather N. Kostrub prepares powers of attorney for clients in Washington and Allegheny counties. Her practice focuses on wills, trusts, powers of attorney and family and business succession. She is a graduate of Washington & Jefferson College. Read Heather’s attorney biography. Allegheny County clients looking for a power of attorney lawyer in Pittsburgh can see our Pittsburgh-area service details.
Frequently asked questions
Does a power of attorney need to be notarized in Pennsylvania?
Yes. A Pennsylvania financial power of attorney must be signed and dated, witnessed by two adults, and acknowledged before a notary. The agent cannot be a witness. The document must also include the statutory notice signed by you, and the agent must sign an acknowledgment before acting. Missing any step can lead a bank to refuse it.
What is a durable power of attorney in PA?
A durable power of attorney stays in effect if you become incapacitated. That is its main purpose, since incapacity is when your family most needs someone to act. In Pennsylvania, a power of attorney is generally durable unless the document says it is not. It ends at your death, when your executor takes over.
Who should I choose as my agent?
Choose someone honest, organized and comfortable dealing with banks and paperwork. Many people name a spouse or adult child, with a backup. You can name co-agents, but requiring them to act together can slow things down. Your agent owes you legal duties, including keeping records and acting in your interest, so choose carefully.
Can my agent make medical decisions for me?
Not under a financial power of attorney. In Pennsylvania, health care decisions are covered by a separate health care power of attorney under Chapter 54. Many people name the same person for both roles, but you do not have to. Signing both documents together makes sure someone can handle both money and medical care.
Can I revoke my power of attorney?
Yes. As long as you have capacity, you can revoke a power of attorney at any time. Do it in writing, tell your agent, and notify banks and others who have a copy. If you sign a new power of attorney, it should say whether it revokes earlier ones, so institutions are not faced with conflicting documents.
Will a bank accept a power of attorney from another state?
Pennsylvania generally recognizes powers of attorney validly signed under another state’s law. In practice, some institutions hesitate with unfamiliar forms. If you moved to Washington or Allegheny County from another state, consider signing a new Pennsylvania power of attorney so your agent is not delayed when it matters.
Get your power of attorney in place
Call (304) 982-1586 or request a consultation online. After you call, we confirm a meeting with Heather, send a checklist, and arrange witnesses and a notary for signing.
This page is general information, not legal advice. Reading it does not create an attorney-client relationship.
Related guide: what a Pennsylvania power of attorney form must include.
Related guide: Pennsylvania power of attorney guides.