Family · Power of attorney
Power of Attorney Requirements in Pennsylvania
What it takes to sign a valid durable financial power of attorney in Pennsylvania: whether it must be notarized, how many witnesses are required, the statutory form, and whether it stays in effect if you become incapacitated. Cited to the statute.
How to sign a valid power of attorney in Pennsylvania
The signature, notarization, and witness requirements, the statutory form, and the language that makes the power durable.
Pennsylvania rewrote its power of attorney execution rules through Act 95 of 2014, effective January 1, 2015, and banks may impose extra requirements before honoring a power of attorney. Confirm the current text of 20 Pa.C.S. Chapter 56 before relying on this.
| How to sign a valid POA | What it means |
|---|---|
| The principal signs | Under 20 Pa.C.S. section 5601, the power of attorney must be signed by the principal, or signed in the principal’s name by another person acting at the principal’s direction and in the principal’s presence. |
| Two witnesses, each 18 or older | For a power of attorney executed on or after January 1, 2015, the principal’s signature must be witnessed by two individuals who are each 18 years of age or older. The agent may not be a witness, and a person who signed on the principal’s behalf may not be a witness. |
| Acknowledged before a notary public | The signature must be acknowledged before a notary public or other person authorized to take acknowledgments, who may not be the agent. Both the two witnesses and the notary are required. |
| A statutory notice signed by the principal | Section 5601(c) requires the power of attorney to include a notice in capital letters at the beginning, and the principal must sign that notice. Without the signed notice the document may not be effective. |
| The agent signs an acknowledgment | Under section 5601(d) the agent must sign an acknowledgment stating the agent’s duties before exercising authority under the power of attorney. |
| Limits and special rules | What it means |
|---|---|
| Durable by default unless it says otherwise | Under section 5601.1 a Pennsylvania power of attorney is durable and survives the principal’s later incapacity unless the document expressly provides that it is terminated by the principal’s incapacity. |
| Banks check the form before honoring it | A third party may require the agent to provide the signed acknowledgment and, in some cases, a certification or opinion of counsel. A power of attorney missing the notice, witnesses, or acknowledgment can be refused. |
| Hot powers need an express grant | Certain authority, such as making gifts, creating or changing beneficiary designations, or creating or changing rights of survivorship, must be expressly granted in the power of attorney. A general grant does not include these acts. |
| The agent’s authority ends at death | A power of attorney ends when the principal dies. It also ends on revocation by the principal, or when a court appoints a guardian and orders it, subject to the statute. |
What you can do right now
Concrete, neutral steps to sign a power of attorney that will hold up in Pennsylvania. This is legal information, not legal advice.
- Use a current Pennsylvania form or have a lawyer draft it
Use a power of attorney that includes the statutory notice and agent acknowledgment required since January 1, 2015, or have a Pennsylvania attorney prepare one that follows Chapter 56.
- Sign before two witnesses and a notary
Sign the document with two adult witnesses present and acknowledge your signature before a notary public. Make sure the agent is not a witness, and sign the notice yourself.
- Have the agent sign and give copies to institutions
Have your agent sign the acknowledgment before acting, then provide signed copies to the banks and other institutions the agent will deal with, and record it with the county if it covers real property.
A power of attorney gives someone broad authority over your money and property, and a defective one can be rejected by a bank when you need it most. A licensed estate-planning attorney can draft or review one; the state bar can refer you to one.
→ Pennsylvania Bar Association, Find a LawyerThis is general legal information, not legal advice. Execution rules and the powers you can grant turn on the exact statute and your situation, so confirm the current requirements against the statute and talk to a lawyer.
What people in Pennsylvania get wrong about a power of attorney
Pennsylvania rewrote its power of attorney execution rules through Act 95 of 2014, and for a power of attorney executed on or after January 1, 2015, 20 Pa.C.S. section 5601 sets a strict signing process. The principal must sign, the signature must be witnessed by two individuals who are each at least 18 years old, and the signature must be acknowledged before a notary public. The agent cannot serve as a witness or as the notary. On top of the signatures, the form must contain a statutory notice in capital letters that the principal signs, and the agent must sign a separate acknowledgment of the agent’s duties before exercising any authority. A Pennsylvania power of attorney is durable by default under section 5601.1, so it survives the principal’s incapacity unless the document expressly says it ends on incapacity. A frequent pitfall is using an older form that lacks the two-witness signatures, the signed notice, or the agent acknowledgment, any of which can cause a bank to reject the document. This is legal information, not legal advice.
Common questions
Does a power of attorney need to be notarized in Pennsylvania?
Yes. For a power of attorney executed on or after January 1, 2015, the principal’s signature must be acknowledged before a notary public and witnessed by two adults. Both are required.
How many witnesses does a Pennsylvania power of attorney need?
Two witnesses, each 18 years of age or older, in addition to the notary. The agent cannot be a witness, and a person who signed the document on the principal’s behalf cannot be a witness.
Is a Pennsylvania power of attorney automatically durable?
Yes. Under section 5601.1 a power of attorney is durable and survives the principal’s later incapacity unless the document expressly states that it is terminated by the principal’s incapacity.
Does a power of attorney end when the principal dies in Pennsylvania?
Yes. A power of attorney gives no authority after death. At that point the agent’s power ends and the executor named in the will, or a court-appointed personal representative, administers the estate.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.