A Pennsylvania power of attorney lets you name someone, your agent, to handle money and property for you. The paper only helps if it was signed the way Title 20 requires. Banks and title companies check, and a document that misses a step can be refused when it matters most.

Pennsylvania power of attorney requirements

Under 20 Pa.C.S. § 5601, a power of attorney signed today needs all of the following:

A date, and your signature. If you cannot sign, you can sign by mark or direct someone else to sign for you.

A notary. The notary cannot be your agent.

Two adult witnesses, each 18 or older. Neither witness can be your agent, the notary, or the person who signed for you.

The statutory Notice, in capital letters at the beginning of the document, signed by you. Without it, an agent whose authority is challenged later has to prove the act was proper.

The agent's signed acknowledgment. Your agent has no authority to act until they sign a statement that they will act in good faith, within the scope of the document, and in line with your reasonable expectations or best interest.

The notary and two-witness rules apply to documents signed on or after January 1, 2015, when Act 95 of 2014 took effect. A document signed before then was held to the older signing rules and can still be valid. Have one reviewed before you decide it has to be redone.

Durable unless it says otherwise

Every Pennsylvania power of attorney is durable unless the document says otherwise (Section 5601.1). It keeps working if you later become incapacitated, which is the whole point for most families. A document can instead be springing, taking effect only on incapacity (Section 5604). That sounds safer, but it means the agent has to prove incapacity before anyone will deal with them, so it is a drafting choice to make on purpose.

Powers that must be spelled out

Some powers exist only if the document expressly grants them (Section 5601.4). General language like "all acts I could do" is not enough for these:

Creating, amending, revoking, or ending a living trust.

Making gifts.

Creating or changing rights of survivorship.

Creating or changing a beneficiary designation.

Delegating the agent's authority to someone else.

Exercising fiduciary powers you hold and are allowed to delegate.

Waiving a survivor benefit under a joint annuity or retirement plan.

Disclaiming property.

Reading the content of your email and other electronic communications.

An agent who is not your ancestor (such as a parent or grandparent), spouse, or descendant cannot use those powers to benefit themselves, or anyone they must support, unless the document says they can. And unless the document provides otherwise, general gift authority is limited per person to the federal annual gift tax exclusion amount (Section 5601.4(d)), or twice that amount if your spouse consents to split the gift. The IRS lists the annual exclusion as $19,000 per recipient for 2026. That cap matters for Medicaid and long-term care planning, which is usually where gift authority comes up.

What your agent owes you

Section 5601.3 sets duties the document cannot waive and defaults it can change. An agent who has accepted the job must act in good faith, within the scope of the document, and in line with your reasonable expectations or best interest. Unless the document says otherwise, the agent must also:

Act loyally for your benefit and avoid conflicts that keep them from acting impartially.

Keep your money separate from theirs, with narrow exceptions such as accounts that were already shared when the document was signed.

Keep records of every receipt, payment, and transaction.

Try to preserve your existing estate plan, so far as they know it and it serves your interests.

When the bank refuses it

Section 5608.1 gives a bank or other institution seven business days after the document is presented to accept it or ask for an agent's affidavit, a certification, a translation, or an opinion of counsel. Once it gets what it asked for, it has five business days to accept. It cannot insist on its own form instead. There are exceptions, including a document that was not signed the way Section 5601 requires, which is one more reason to get the signing right.

What a power of attorney does not do

It does not make health care decisions. Those go through a separate health care power of attorney under a different chapter of Title 20.

It does not survive death. When you die, the agent's authority ends and the executor or administrator takes over under letters from the Register of Wills. Acts done in good faith before the agent learns of the death still stand (Section 5605).

It cannot be signed after capacity is gone. If no power of attorney exists by then, the family may need a guardianship petition in the Orphans' Court instead.

Power of attorney in PA: common questions

Does a Pennsylvania power of attorney have to be recorded?

Not to be valid. Section 5602(c) says an original may be filed with the clerk of the Orphans' Court in the county where you live and, if it was acknowledged, recorded with the Recorder of Deeds in your county and in each county where real estate the agent will deal with is located. Recording usually comes up when the agent will sign a deed or mortgage.

Will a bank accept a copy?

Generally, yes. Under Section 5602(d), a photocopy or electronically sent copy of a signed original has the same effect as the original, except for filing or recording, which needs the original or a certified copy.

Can I name more than one agent?

Yes. Section 5602(b) lets you name co-agents and successor agents. Co-agents must act together unless the document says they can act separately, so think about whether two people will both be available to sign. Successor agents serve in the order named.

Does it expire?

Not with time. Under Section 5604(b), a durable power of attorney stays valid no matter how long ago it was signed, unless it states an end date. It ends when you revoke it, a court ends the agent's authority, or you die.

What happens if I divorce my agent?

If your spouse is your agent and either of you files for divorce, Section 5605(c) revokes the spouse's designation as of the filing date, unless the document shows you meant it to survive a divorce. A named successor agent would usually step in.

Can a power of attorney help if a guardianship is needed later?

It can. Section 5604(c) lets you nominate a guardian in a durable power of attorney, and the court must follow your most recent nomination except for good cause or disqualification. The court also decides how much of the power of attorney stays in effect alongside any guardianship.

When to call

Call if your current document predates a major change in your family or finances, if you want an agent to be able to make gifts or change beneficiaries, if an institution has refused a document, or if a parent's capacity is slipping and nothing is signed yet. Ravenell Law prepares Pennsylvania and New Jersey powers of attorney as part of estate planning, from Elkins Park. This page is general information, not legal advice.