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Pennsylvania power of attorney

As of October 26, 2026, a Pennsylvania power of attorney is notarized and signed before two adult witnesses, opens with a signed notice, and the agent signs an acknowledgment first.1

Pennsylvania requires a power of attorney to be dated and signed by the principal, by signature or mark, or by another person the principal specifically directs to sign when the principal cannot.1

An originally executed Pennsylvania power of attorney may be filed with the clerk of the orphans’ court division of the court of common pleas in the county where the principal lives.2

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Pennsylvania at a glance

Notary
Required1
Witnesses
2 witnesses1

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Preview of the document

Power of Attorney

State of Pennsylvania

  1. 1. Important notice to the principal

    This power of attorney is an important legal document. It lets the person you choose (your “agent”) act for you in the money and property matters described below, which can include spending your money and selling or managing your property without asking you first.

  2. 2. Principal and agent

    I, Principal, of Principal’s address (the “principal”), appoint Agent, of Agent’s address, as my agent (also called my attorney-in-fact) to act for me as stated in this power of attorney.

  3. 3. Powers granted

  4. 4. Special powers

  5. 5. Gifts

  6. 6. Benefits to my agent

  7. 7. Limits and special instructions

  8. 8. When it starts and how long it lasts

  9. 9. Revoking this power of attorney

  10. 10. Successor agent

  11. 11. Expenses and pay

  12. 12. Agent’s duties

  13. 13. People who rely on this document

  14. 14. Governing law

  15. 15. Agent’s acceptance

  16. 16. Signatures, witnesses and notary

Sections 3–16 unlock after purchase. Prepared with SimplePaperwork, which is not a law firm.

Pennsylvania’s rules, with sources

State form
  • Every Pennsylvania power of attorney opens with the statutory notice in capital letters, signed by the principal; without a signed notice, an agent whose authority is challenged carries the burden of showing it was used properly.1
  • A Pennsylvania agent has no authority to act until the agent signs an acknowledgment, in substantially the statutory wording, and attaches it to the power of attorney.1
  • Pennsylvania lets a principal grant powers by quoting the short phrases listed in 20 Pa.C.S. § 5602(a), such as “To engage in real property transactions,” or by other language showing the same intent.2
  • When a Pennsylvania power of attorney names more than one agent and says nothing about how they act, the agents may act only jointly.2
Signing
  • Pennsylvania requires a power of attorney to be dated and signed by the principal, by signature or mark, or by another person the principal specifically directs to sign when the principal cannot.1
  • Under 20 Pa.C.S. § 5601(b)(3), the principal’s signature on a Pennsylvania power of attorney is acknowledged before a notary public or another officer authorized to take acknowledgments, who cannot be the agent.1
  • A Pennsylvania power of attorney is also witnessed by two people aged 18 or older, chosen from outside the agent, the notary and anyone who signed for the principal.1
  • The Pennsylvania Department of Aging summarizes that the notary and two-witness rules apply to powers of attorney executed on or after January 1, 2015.3
  • A member of the Pennsylvania bar may take the acknowledgment of a power of attorney, but that lawyer cannot also act as one of the two witnesses.1
Deadlines
  • Someone presented with a Pennsylvania power of attorney must accept it, or ask for an affidavit, a certification, a translation or an opinion of counsel, within seven business days.4
  • After the requested certification, translation, affidavit or opinion of counsel arrives, the person in Pennsylvania has five business days to accept the power of attorney, unless the answer gives a substantial basis for a further request.4
  • A Pennsylvania power of attorney that states no time of termination stays valid however long ago it was signed.5
Where it is filed
  • An originally executed Pennsylvania power of attorney may be filed with the clerk of the orphans’ court division of the court of common pleas in the county where the principal lives.2
  • Once acknowledged, a Pennsylvania power of attorney may be recorded with the recorder of deeds in the principal’s county and in each county holding real estate the agent will act on.2
  • Apart from filing or recording, a photocopy or electronically transmitted copy of a Pennsylvania power of attorney has the same effect as the original.2
Taxes and fees
  • In Pennsylvania, an English translation or opinion of counsel requested by the person asked to accept a power of attorney is paid by the principal, unless the request comes more than seven business days after presentation.6
Law
  • Under 20 Pa.C.S. § 5601.1, every Pennsylvania power of attorney is durable unless the document specifically provides otherwise.7
  • Pennsylvania allows a power of attorney to take effect at a set future time or on a stated event, including the principal’s disability or incapacity.5
  • When a Pennsylvania principal names a spouse as agent and either spouse later files for divorce, the spouse’s designation is revoked as of the filing, unless the document shows it was meant to survive.8
  • Refusing a Pennsylvania power of attorney in violation of 20 Pa.C.S. § 5608.1 exposes the person to civil liability for the principal’s financial harm and to a court order to accept it.4
  • The Pennsylvania notice, the agent’s acknowledgment and the notary step are not required for a power of attorney limited to health care or mental health care decisions.1

Questions about a Pennsylvania power of attorney

How is a Pennsylvania power of attorney signed?

The principal dates and signs it, by signature or mark, or directs someone else to sign when unable to. For documents signed since January 1, 2015, that signature is acknowledged before a notary public or another officer who takes acknowledgments, and two witnesses aged 18 or older sign as well.

Neither witness may be the agent, the notary or the person who signed for the principal. A member of the Pennsylvania bar may take the acknowledgment in place of a notary, but then cannot count as one of the two witnesses.1,3

What wording does Pennsylvania law require in a power of attorney?

Section 5601 fixes two pieces of text. The principal signs a notice, printed in capital letters at the top, explaining that the agent receives broad powers over property that keep running even after the principal becomes incapacitated.

The agent signs an acknowledgment promising to act in good faith, within the authority granted and in line with the principal’s reasonable expectations; without it attached, the agent cannot act. The powers themselves can be granted by quoting the short phrases listed in Section 5602(a).1,2

Where is a Pennsylvania power of attorney filed or recorded?

Section 5602(c) uses the word “may”: the original may be filed with the clerk of the orphans’ court division in the principal’s county, and an acknowledged power of attorney may be recorded with the recorder of deeds there and in every county with real estate the agent will deal with.

Those offices can issue certified copies with the same force as the original. For everyday use, a photocopy or an electronically sent copy also counts as the original.2

How long does a Pennsylvania bank have to accept a power of attorney?

Seven business days from presentation. By then the bank, or anyone else asked to rely on the document, accepts it or asks for an agent’s certification, an affidavit, an English translation or an opinion of counsel; once that arrives, acceptance is due within five business days.

The person cannot insist on a different form for authority the document already grants. A refusal that breaks Section 5608.1 can bring civil liability for the principal’s financial harm and a court order to accept.4

Does a Pennsylvania power of attorney keep working after incapacity?

Yes, unless the document says otherwise: Section 5601.1 makes every power of attorney durable. The principal may instead have it start later, on a date or on an event such as the principal’s incapacity.

It does not expire with time unless it names an end date. A spouse named as agent loses that role once either spouse files for divorce, unless the document shows the choice was meant to survive.5,7,8

What to have at hand

  • Full legal names and addresses of principal and agent
  • Which powers the agent gets, and any limits
  • When it starts and whether it continues if the principal becomes incapacitated
  • A successor agent, if you want one

Health care decisions usually take a separate document (a health care power of attorney or advance directive).

Frequently asked questions

Does a Pennsylvania power of attorney need a notary and witnesses?

Both, for documents signed since January 1, 2015: an acknowledgment before a notary public or another authorized officer, plus two witnesses aged 18 or older. Neither the notary nor the witnesses may be the agent.1,3

Who pays for a translation or legal opinion a Pennsylvania bank asks for?

The principal, when the request is made within seven business days after the power of attorney is presented. A later request is not charged to the principal under Section 5608(g).6

Do the Pennsylvania notice and agent acknowledgment apply to a health care power of attorney?

No. Section 5601(e.2) exempts a power of attorney that only covers health care or mental health care decisions from the notice, the agent’s acknowledgment and the notary step.1

Power of Attorney in other states

More for Pennsylvania

Where this information comes from

Pennsylvania’s rules above come from the state’s own statutes, agency pages and forms, read on the date shown. A rule that passes its review date without a new check is removed automatically.

  1. Pennsylvania Consolidated Statutes, 20 Pa.C.S. § 5601, General provisions palegis.us · checked Oct 26, 2026 Open the official page (opens in a new tab) ↩
  2. Pennsylvania Consolidated Statutes, 20 Pa.C.S. § 5602, Form of power of attorney palegis.us · checked Oct 26, 2026 Open the official page (opens in a new tab) ↩
  3. Select Requirements for Powers of Attorney and Other Advanced Directives (Pennsylvania Department of Aging, approved June 2022) pa.gov · checked Oct 26, 2026 Open the official page (opens in a new tab) ↩
  4. Pennsylvania Consolidated Statutes, 20 Pa.C.S. § 5608.1, Liability for refusal to accept power of attorney palegis.us · checked Oct 26, 2026 Open the official page (opens in a new tab) ↩
  5. Pennsylvania Consolidated Statutes, 20 Pa.C.S. § 5604, Durable powers of attorney palegis.us · checked Oct 26, 2026 Open the official page (opens in a new tab) ↩
  6. Pennsylvania Consolidated Statutes, 20 Pa.C.S. § 5608, Acceptance of and reliance upon power of attorney palegis.us · checked Oct 26, 2026 Open the official page (opens in a new tab) ↩
  7. Pennsylvania Consolidated Statutes, 20 Pa.C.S. § 5601.1, Powers of attorney presumed durable palegis.us · checked Oct 26, 2026 Open the official page (opens in a new tab) ↩
  8. Pennsylvania Consolidated Statutes, 20 Pa.C.S. § 5605, Power of attorney not revoked until notice palegis.us · checked Oct 26, 2026 Open the official page (opens in a new tab) ↩

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