Pennsylvania Power of Attorney Requirements & Form

Pennsylvania requirements

• Pennsylvania has its own statute, 20 Pa.C.S. Chapter 56, substantially rewritten by Act 95 of 2014, which drew on the Uniform Power of Attorney Act.
• The document must be dated and signed by the principal, by mark, or by another individual at the principal's specific direction (20 Pa.C.S. Section 5601(b)).
• For powers of attorney signed on or after January 1, 2015, the signature must be acknowledged before a notary public and witnessed by two individuals who are each 18 or older.
• The agent, the notary taking the acknowledgment, and anyone who signed on the principal's behalf cannot serve as witnesses.
• The document must open with the statutory NOTICE in capital letters signed by the principal, and the agent must sign the statutory acknowledgment before acting (Sections 5601(c) and 5601(d)).
• Powers of attorney are presumed durable under 20 Pa.C.S. Section 5601.1 unless the document specifically provides otherwise.

Frequently asked questions

Does Pennsylvania require both a notary and witnesses?

Yes. For financial powers of attorney signed on or after January 1, 2015, 20 Pa.C.S. Section 5601 requires the principal's signature to be acknowledged before a notary and witnessed by two adults, and the agent and the notary are disqualified from being those witnesses.

Is a Pennsylvania power of attorney durable by default?

Yes. Under 20 Pa.C.S. Section 5601.1, all powers of attorney are durable unless the document specifically provides otherwise.

Official sources

• https://www.palegis.us/statutes/consolidated/view-statute?txtType=PDF&ttl=20&div=0&chpt=56
• https://www.palegis.us/statutes/unconsolidated/law-information?sessYr=2014&sessInd=0&actNum=95