Financial vs. Healthcare Power of Attorney in Pennsylvania
By Sean Quinlan, Esq. · Updated January 15, 2025
Pennsylvania uses two separate documents for the two kinds of decisions a power of attorney covers: a financial / general POA, and a healthcare POA (sometimes combined with a living will into an "advance directive"). They are governed by different chapters of the code and require different formalities.
Financial / general power of attorney
Authorized under 20 Pa.C.S. Chapter 56. Lets your agent manage money, property, taxes, business interests, and government benefits. Requires the statutory Notice and Acknowledgment, two witnesses, and a notary.
Healthcare power of attorney
Authorized under 20 Pa.C.S. Chapter 54 (the Advance Directive for Health Care Act). Lets your agent make medical decisions when you cannot — choice of providers, treatment authorization, end-of-life decisions consistent with your stated wishes. Requires two witnesses (one of whom cannot be the agent); a notary is not strictly required but is recommended.
Why two documents and not one?
- Different agents. The right financial decision-maker (often a spouse or adult child with finance experience) is not always the right healthcare decision-maker (someone who can sit with a physician and make calm calls under pressure).
- Different timing. Healthcare authority typically activates only when you cannot make or communicate decisions. Financial authority is usually immediate.
- Different acceptance rules. Hospitals and physicians look for the Chapter 54 document; banks look for the Chapter 56 document. A combined "all in one" form often satisfies neither institution's review.
What a complete Pennsylvania plan includes
- Durable financial POA (Chapter 56)
- Healthcare POA + living will (Chapter 54)
- HIPAA authorization for protected health information
- Will or revocable trust for what happens after death
For the living will side, see our PA advance directive guide.
This article is general information about Pennsylvania law as of the update date above. It is not legal advice for your situation and does not create an attorney-client relationship. For advice on your specific facts, please schedule a consultation.
Talk with a Pennsylvania estate planning attorney.
Most plans take two meetings. The first is a consultation — clear, honest, and free of pressure.