Guide to Making a Pennsylvania Power of Attorney

A Power of Attorney (POA) is a powerful tool that lets you choose someone you trust to make decisions on your behalf. In Pennsylvania, there are specific legal rules and formalities that must be followed to ensure your POA is valid and enforceable. This guide will walk you through how POAs work in Pennsylvania, the types available, and the steps to create one that meets state law—so you can protect your wishes and give your loved ones peace of mind.

How does power of attorney work in Pennsylvania?

In Pennsylvania, a Power of Attorney (POA) works as it would anywhere else, allowing you to give another person authority to act on your behalf. Depending on the type of POA, your agent may be able to manage finances, handle property, or make legal decisions if you’re unable to.

However, Pennsylvania law has unique requirements to ensure a POA is valid. The document must include specific statutory notice language at the beginning, an acknowledgment signed by the agent, and it must be signed by the principal in front of two witnesses and a notary. Once properly executed, your POA gives your chosen agent the legal right to act for you, helping to avoid costly and time-consuming court involvement if you become incapacitated.

Types of Power of Attorney in Pennsylvania

General Power of Attorney in PA

A General POA gives your agent broad authority over your financial and legal affairs. It ends if you become incapacitated or pass away.

Limited or Special Power of Attorney Pennsylvania

A Limited POA grants your agent authority for a specific purpose, such as selling property or managing one account. It automatically ends once that task is completed.

Durable Power of Attorney Pennsylvania

A Durable POA remains in effect even if you become incapacitated. This makes it one of the most common forms, since it ensures continuous support when you can’t act for yourself.

Medical Power of Attorney in Pennsylvania

A Medical POA lets you appoint someone to make health care decisions if you’re unable to communicate. It only applies to medical choices and works alongside a Living Will.

Emergency Power of Attorney Pennsylvania

An Emergency POA gives someone temporary authority in urgent situations, often tied to military deployment or sudden incapacity. It expires once the emergency ends.

Pennsylvania Power of Attorney Requirements

Here are the key requirements for a Power of Attorney in Pennsylvania:

• Must be in writing.

• Must include Pennsylvania’s statutory notice at the beginning of the document.

• Signed by the principal (the person creating the POA).

• Signed in the presence of two adult witnesses.

• Notarized by a notary public.

• The agent must sign an acknowledgment form, agreeing to act in the principal’s best interest.

If your POA is deemed invalid, your loved ones may be forced into court proceedings to obtain control over your medical care or finances. This process can be both emotionally and financially draining, especially if followed by costly probate proceedings. 

How to Get Power of Attorney in Pennsylvania

Follow these steps to get Power of Attorney in Pennsylvania: 

1. Decide the Type of PA Power of Attorney You Need

Choose the POA that best fits your situation—general, limited, durable, medical, or emergency—depending on the powers you want to grant.

2. Choose a Trusted Agent

Select someone reliable and responsible who will act in your best interest when handling financial, legal, or medical matters.

3. Use a Legally Compliant Pennsylvania POA Form

Make sure your document includes the state-required notice and agent acknowledgment to ensure it’s valid under Pennsylvania law.

4. Sign, Witness, and Notarize the POA

In Pennsylvania, the principal must sign the POA in front of two adult witnesses and a notary public for it to be legally enforceable.

5. Distribute Copies to the Right People

Provide copies to your agent, financial institutions, doctors (for medical POAs), and keep one in a safe place for your records.

Common Mistakes to Avoid with a Pennsylvania POA

• Leaving out the statutory notice or agent’s acknowledgment – Without these required sections, your POA won’t be legally valid.

• Not using witnesses and a notary – Pennsylvania requires both, and skipping them invalidates the document.

• Choosing the wrong type of POA – For example, using a General POA instead of a Durable POA may leave you unprotected if you become incapacitated.

• Naming an untrustworthy or unavailable agent – The wrong choice can lead to misuse of authority or delays in decision-making.

• Failing to update after life changes – Marriage, divorce, or moving could make your POA outdated or ineffective.

When Does a Pennsylvania Power of Attorney End?

A Pennsylvania Power of Attorney ends if the principal revokes it, passes away, or if the purpose of the POA is fulfilled. It can also end if the named agent can no longer serve and no successor is listed. Durable POAs remain valid through incapacity, but all POAs end at death.

FAQs: 

What is the new Power of Attorney law in Pennsylvania?

Significant changes regarding Power of Attorney law were enacted in Pennsylvania in 2014. Key changes included: 

• All POAs executed after January 1, 2015 must be signed by the principal, witnessed by two adult witnesses (neither the agent nor the notary), and acknowledged before a notary.

• The required Notice section  must include new language that the agent must act according to the principal’s reasonable expectations and best interests.

• The agent must sign an acknowledgment stating they’ll act in good faith, follow the principal’s known reasonable expectations, and stay within the scope of authority granted.

• Certain powers—such as making gifts, changing beneficiary designations, or altering rights of survivorship—must be granted expressly; they are no longer assumed.

• Banks, financial institutions, and other third parties are now protected when they accept a POA in good faith. Pennsylvania law requires that they accept a valid POA unless they have a reasonable basis to question it. 

Does a Power of Attorney need to be witnessed in Pennsylvania?

Yes, a Power of Attorney needs to be witnessed by two legal adults and a notary public to be valid in Pennsylvania. 

Does a Medical Power of Attorney need to be notarized in Pennsylvania?

Yes, a Medical Power of Attorney needs to be signed in front of a notary public or “other person authorized by law to take acknowledgements” to be valid in Pennsylvania. 

Can you have two agents under a Power of Attorney in Pennsylvania?

Yes, you can have more than one agent under a Power of Attorney in Pennsylvania. State law requires the agents to act jointly, unless otherwise specified by the principal when creating Power of Attorney. 

Does a guardianship override a Power of Attorney in Pennsylvania?

Yes, a court-appointed guardianship can override or limit a Power of Attorney in Pennsylvania. However, courts often consider whether the POA is sufficient before granting guardianship, since a valid POA is usually seen as a less restrictive alternative.

Set Up Your Pennsylvania  Power of Attorney Easily with Trust & Will

Creating a Power of Attorney in Pennsylvania is one of the smartest ways to make sure your wishes are honored and your loved ones are protected if you can’t act on your own. With today’s tools, you don’t need to struggle with confusing paperwork or court processes—making a legally valid POA is simple and accessible online.

At Trust & Will, you can create a Pennsylvania-specific Power of Attorney in just a few steps, along with other essential documents like an online will. Our platform guides you through the process with clarity and ease, so you can feel confident that your plan is legally sound and tailored to your needs. Start today and give your family the peace of mind that comes with knowing everything is taken care of.

Trust & Will is an online service providing legal forms and information. We are not a law firm and we do not provide legal advice.