What is a Pennsylvania Power of Attorney?
A Pennsylvania power of attorney (POA) is a legal document that allows you to appoint another person you trust (your agent) to make decisions on your behalf.
In Pennsylvania, you can use a POA to manage financial affairs, handle property, or make health care decisions. To sign a POA, you must be at least 18 years old and mentally competent, which is a standard across all US states.
Legal Templates provides an easy-to-use, legally-compliant Pennsylvania power of attorney form that you can use to protect your affairs if you cannot manage them yourself. Use our guided questionnaire to customize the form based on your needs.
TIP: Pennsylvania doesn't provide a statutory POA form. Use a customizable template that meets local requirements.
Types of Power of Attorney in Pennsylvania
Powers of attorney documents can vary depending on the powers you want to grant and how long you want those powers to last. Pennsylvania law has specific rules about these types, so it’s important to choose the right one for your situation.
Some powers of attorney are limited to specific tasks, while others give general authority over your affairs.
Durable Power of Attorney
A durable power of attorney allows your agent to continue acting on your behalf even after you become incapacitated. In Pennsylvania, under 20 Pa.C.S. § 5601(a), all POAs are considered durable by default unless stated otherwise within the document.
Durable POAs are important for long-term planning, such as managing finances, property, or legal matters when you cannot do so yourself.
Non-Durable Power of Attorney
With a non-durable power of attorney, your agent can only help you and make decisions for you while you can still understand and make your own choices. If you become unable to make decisions for yourself or become incapacitated, this type of POA automatically ends.
In Pennsylvania, all POAs are considered durable by default (20 Pa.C.S. § 5601). You must include specific language in your document to make it non-durable. This language should clearly state that the power of attorney will end if you become incapacitated.
Financial Power of Attorney
A financial power of attorney lets your agent manage your financial affairs, such as paying your bills, handling bank accounts, managing property, and making investment decisions on your behalf.
For most financial matters in Pennsylvania, you can use a general financial POA to give your agent authority to act in your best interest.
However, if your agent needs to handle Pennsylvania state tax matters, you cannot use a general financial POA. Instead, you must use the Pennsylvania Department of Revenue POA Tax Matters REV-677 form, which is specifically designed to authorize someone to act on your behalf with the Pennsylvania Department of Revenue.
Medical Power of Attorney
A medical power of attorney, sometimes called a health care power of attorney in Pennsylvania, allows you to choose someone you trust to make medical decisions if you cannot speak for yourself.
Under 20 Pa.C.S. § 5452, the individuals who witness you signing the POA form cannot be your agent or healthcare provider to ensure the decision is fair and unbiased.
You can also include instructions about your wishes for medical treatment at the end of your life, like a living will, in your Pennsylvania health care power of attorney. This means you can share exactly what kind of care you want or don’t want if you become seriously ill (20 Pa.C.S. §§ 5451–5465).
Durable (Financial)
Use to prevent your power of attorney becoming void if you lose the capacity to make your own decisions.
Signing Requirements: Two witnesses and a notary (§ 5601(b)(3)).
Limited (Special)
Allows the principal to be specific regarding what the agent can do on his or her behalf, and assign limited powers.
Signing Requirements: Two witnesses and a notary (§ 5601(b)(3)).
Non-Durable (General)
Gives an agent broad authority to act on the principal’s behalf. This means the agent can make financial or business decisions on behalf of the principal.
Signing Requirements: Two witnesses and a notary (§ 5601(b)(3)).
Springing
“Springs” into action at a specified time, such as when the principal becomes incapacitated.
Signing Requirements: Two witnesses and a notary.
Vehicle
Allows vehicle owners to designate an agent to handle vehicle titling and registration.
Signing Requirements: Two witnesses and notary public.
Real Estate
Sanctions an agent to take charge of the principal's real estate matters.
Signing Requirements: Notary public and two witnesses.
Tax (Form REV-677)
Execute a Pennsylvania Department of Revenue Power of Attorney to appoint a representative for state tax matters.
Minor (Child)
Grants temporary care for a child's health and education.
Signing Requirements: Two witnesses and notary public.
Pennsylvania Power of Attorney Requirements
To ensure your POA is valid, you must follow the specific rules and requirements required by Pennsylvania law. Drafting your POA in accordance with these rules ensures that your wishes are legally recognized and carried out correctly.
Signing and Notarization Rules
In Pennsylvania, you are required to sign your POA in the presence of two adult witnesses. These witnesses cannot be your agent, spouse, or close relative.
The witnesses make sure you sign the document willingly and understand what it means. Additionally, the POA must be notarized by a notary public, who cannot be the agent named in the document.
You must also ensure that your POA document includes a notice written in capital letters, as required under 20 Pa.C.S. § 5601(c). This notice explains your rights and responsibilities related to the POA and must be signed by you, the principal.
Filing Your POA
Neither filing nor recording is required for your POA to be legally valid, but these steps can make using your POA easier. Depending on the type of POA you create, consider:
- Filing your POA with the Orphans’ Court to help financial or health care institutions recognize it.
- Recording your POA with your local Recorder of Deeds, if your agent will deal with real estate.
Agent Acknowledgment
Your agent must sign a statement confirming they will act in good faith and in your best interest. This acknowledgment is required by Pennsylvania law and must be attached to your POA (20 Pa.C.S. § 5601(d)).
Multiple Agents and Successor Agents
In Pennsylvania, you can appoint more than one agent to act jointly or separately in your POA. You may also name successor agents who can take over if your primary agent cannot serve. This gives you flexibility in who manages your affairs.
Revocation
You can revoke your power of attorney at any time as long as you are mentally competent. To do this in Pennsylvania, you will need to provide a written revocation notice to your agent and any institutions relying on the POA.
How To Get a Power of Attorney in Pennsylvania
- Choose the type of POA you need. Based on your situation, decide whether you want a durable, non-durable, financial, medical, or springing power of attorney form for Pennsylvania that best fits your needs.
- Select a trusted agent. You can appoint one or more agents, and name successor agents to step in if needed.
- Fill out a legally compliant Pennsylvania POA form. Make sure the form includes all required notices and statements as per Pennsylvania law.
- Sign the form with witnesses and a notary. Pennsylvania requires two adult witnesses (who are not your agent or close relatives) and notarization by a notary public.
- Keep the POA safe and share copies. Store the original securely and provide copies to your agent and any relevant institutions.
