PA Power of Attorney FAQ | Rules, Signing & Agent Powers

Question 1

What are the signing requirements for a power of attorney in Pennsylvania?

Accepted Answer

Under 20 Pa.C.S. § 5601, the principal signs and dates the document before two witnesses and a notary. The witnesses cannot be the agent, and the notary cannot serve as a witness. The statutory notice page must appear first, and the agent signs an acknowledgment before acting.

Question 2

Does a Pennsylvania power of attorney need to be notarized?

Accepted Answer

Yes. Since Act 95 of 2014, a Pennsylvania financial power of attorney must be notarized and witnessed by two adults who are not the agent. A healthcare power of attorney requires two witnesses but not a notary. Banks routinely reject documents that miss either requirement.

Question 3

What is a durable power of attorney in Pennsylvania?

Accepted Answer

A durable power of attorney stays effective after the principal becomes incapacitated. Pennsylvania powers of attorney are durable by default unless the document says otherwise. Durability is the entire point: a POA that dies with capacity is useless in exactly the situation you signed it for.

Question 4

When does a Pennsylvania power of attorney take effect?

Accepted Answer

Immediately upon signing, unless the document makes it springing — effective only after a physician certifies incapacity. Springing powers sound safer but create delay, because banks wait for the certification. Most Pennsylvania attorneys use immediate powers held by a trusted agent instead.

Question 5

What can an agent do under a Pennsylvania power of attorney?

Accepted Answer

Whatever the document grants: pay bills, manage accounts, file taxes, sell real estate, handle benefits. Certain hot powers — making gifts, changing beneficiary designations, creating or amending trusts, disclaiming property — must be explicitly listed under 20 Pa.C.S. § 5601.4 or the agent simply cannot use them.

Question 6

Can a power of attorney override a will in Pennsylvania?

Accepted Answer

No. A power of attorney ends at death; a will operates only after death. An agent cannot write, change, or revoke a will. An agent with express gifting authority can affect what remains in the estate, which is why gifting powers deserve careful limits.

Question 7

Can a bank refuse a Pennsylvania power of attorney?

Accepted Answer

Sometimes. Pennsylvania law protects third parties who accept a POA in good faith and lets them request an agent certification or attorney opinion. Refusal without cause after those requests can expose the institution to liability. Using a recent, statute-compliant document avoids most friction.

Question 8

How do you revoke a power of attorney in Pennsylvania?

Accepted Answer

Sign a written revocation while you still have capacity, deliver it to the agent, and send copies to every bank, brokerage, and provider holding the old document. Recording a revocation with the county recorder is wise if the original POA was recorded for real estate purposes.

Question 9

What happens if you become incapacitated without a power of attorney?

Accepted Answer

Your family must petition the Orphans' Court for guardianship under 20 Pa.C.S. Chapter 55. That means a physician's evaluation, a hearing, court-appointed counsel, and ongoing annual reports — typically $3,500 to $10,000 or more, compared with a few hundred dollars for a power of attorney.

Question 10

Who should you name as your agent in Pennsylvania?

Accepted Answer

Someone organized, trustworthy, geographically practical, and willing to serve. Name at least one successor. Co-agents can act jointly or independently, but requiring joint action creates deadlock risk. The best agent is not always the oldest child — it is the one who handles paperwork without drama.

Question 11

Does Pennsylvania accept an out-of-state power of attorney?

Accepted Answer

Generally yes. Pennsylvania recognizes a power of attorney validly executed under the law of the state where it was signed. In practice, Pennsylvania banks and title companies scrutinize out-of-state forms closely, so anyone moving here should sign a fresh Pennsylvania-compliant document.

Question 12

Is a healthcare power of attorney different from a living will?

Accepted Answer

Yes. A healthcare power of attorney names the person who makes medical decisions for you; a living will states your own instructions about end-of-life treatment. Pennsylvania combines both in an advance healthcare directive under 20 Pa.C.S. Chapter 54, and most people need both parts.

Pennsylvania Power of Attorney FAQ

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