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Power of Attorney in Pennsylvania: Notary, Witnesses, the Notice and How to Get One
A Pennsylvania power of attorney needs a notary, two adult witnesses, a signed notice and an agent's acknowledgment. Here is what 20 Pa.C.S. Chapter 56 requires and how it works.
By naveen · Updated · How we research our guides
What to know
- A Pennsylvania power of attorney must be dated, signed by your parent, acknowledged before a notary and witnessed by two adults (20 Pa.C.S. § 5601(b)).
- It must begin with a statutory notice in capital letters, signed by your parent, explaining the agent's powers and duties.
- The agent has no authority to act until they sign an acknowledgment of their duties and attach it to the power of attorney.
- It's durable by default, and a bank presented with one must accept it, or ask for more information, within seven business days.
- Retirement Checklist turns your parent's situation into a short, ordered plan, so the power of attorney sits in the right place among everything else.
A Pennsylvania power of attorney must be dated and signed by your parent before a notary and two adult witnesses, open with a signed statutory notice, and carry the agent's signed acknowledgment before the agent can act (20 Pa.C.S. § 5601). These rules apply to powers of attorney created on or after January 1, 2015.
What is a durable power of attorney in Pennsylvania?
A durable power of attorney is one whose authority continues "notwithstanding the principal's subsequent disability or incapacity," and in Pennsylvania every power of attorney is durable unless it says otherwise: "Unless specifically provided otherwise in the power of attorney, all powers of attorney shall be durable" (20 Pa.C.S. §§ 5601.1, 5604). In it, your parent (the principal) names an agent to handle property and finances.
The required notice explains it to your parent directly: "Your agent may exercise the powers given here throughout your lifetime, even after you become incapacitated, unless you expressly limit the duration of these powers or you revoke these powers or a court acting on your behalf terminates your agent's authority." For why timing matters, see our guide to power of attorney for an elderly parent.
What does Pennsylvania require for a power of attorney to be valid?
Section 5601 sets five requirements: a date and signature, a notary, two witnesses, the signed notice and the agent's acknowledgment.
| Requirement | What 20 Pa.C.S. § 5601 says |
|---|---|
| Date and signature | Dated and signed by your parent, by signature or mark, or by someone at their direction if they can't sign |
| Notary | Acknowledged before a notary or other official; the notary can't be the agent |
| Two witnesses | Two adults; a witness can't be the agent, the notary, or the person who signed for your parent |
| Notice | A statutory notice in capital letters at the beginning, signed by your parent |
| Agent's acknowledgment | Signed by the agent and attached before the agent can act |
Both the notary and the two witnesses are required. A Pennsylvania attorney can take the acknowledgment instead of a notary, as long as the attorney isn't one of the two witnesses.
What does the required notice say?
It tells your parent, in capital letters at the start of the document, what the agent's powers and duties are; § 5601(c) requires it in every Pennsylvania power of attorney, signed by your parent. Among other things, it says:
- "This power of attorney does not impose a duty on your agent to exercise granted powers, but, when powers are exercised, your agent must use due care to act for your benefit."
- "The law permits you, if you choose, to grant broad authority to an agent under power of attorney, including the ability to give away all of your property while you are alive or to substantially change how your property is distributed at your death."
- "A court can take away the powers of your agent if it finds your agent is not acting properly."
Without a signed notice, if someone challenges the agent's authority, the agent has to prove the exercise of that authority was proper.
What does the agent have to sign?
Under § 5601(d), "An agent shall have no authority to act as agent under the power of attorney unless the agent has first executed and affixed to the power of attorney an acknowledgment." The agent states that they will follow your parent's known reasonable expectations, otherwise act in your parent's best interest, and "act in good faith and act only within the scope of authority granted to me by the principal."
A bank may refuse a power of attorney when the agent has no authority because the acknowledgment is missing, so having the agent sign it when your parent signs saves a trip later.
Is there an official Pennsylvania power of attorney form?
No. Pennsylvania's Chapter 56 doesn't include a fill-in statutory form. It prescribes the notice and the agent's acknowledgment, and § 5602 lists short phrases that grant defined powers when included, such as "to engage in real property transactions" or banking and retirement plan transactions.
Some powers must be granted expressly. Under § 5601.4, an agent can make gifts, create or change beneficiary designations or rights of survivorship, change trusts or disclaim property "only if the power of attorney expressly grants the agent the authority."
When does it take effect, and when does it end?
It takes effect when the document says, and in any case the agent can't act until they've signed the acknowledgment. Under § 5604(a), your parent can make it start at a future time or on a contingency, including their incapacity; Chapter 56 doesn't state a default start date for a document that names none.
It lasts until it ends or is revoked; unless it states a time of termination, it's "valid notwithstanding the lapse of time since its execution." Divorce matters: "If a principal designates his spouse as his agent and thereafter either the principal or his spouse files an action in divorce, the designation of the spouse as agent shall be revoked as of the time the action was filed," unless the document says otherwise (§ 5605).
If a court later appoints a guardian of the estate, the agent becomes accountable to the guardian as well, and the court decides "whether and the extent to which" the power of attorney remains in effect.
What does the agent have to do?
Under § 5601.3, whatever the document says, an agent must act according to your parent's known reasonable expectations, otherwise in their best interest, in good faith, and only within the authority granted. Unless the document says otherwise, the agent must also act loyally, keep their own funds separate from your parent's, avoid conflicts, act with care and diligence, and "Keep a record of all receipts, disbursements and transactions made on behalf of the principal."
If your parent, a guardian or a protective government agency requests records, the agent has 30 days to provide them or explain why more time is needed. Our guide to protecting a parent from scams covers the warning signs any agent should know.
Do banks have to accept a Pennsylvania power of attorney?
Yes, within set deadlines, unless a statutory exception applies. Under § 5608.1, a person asked to accept one must accept it, or request an affidavit, certification, translation or opinion of counsel, "not later than seven business days after presentation." After receiving what they asked for, they must accept within five business days, and they "may not require an additional or different form of power of attorney."
The statute lists reasons a person can still refuse, including a power of attorney that wasn't executed as required or lacks the agent's acknowledgment, and a report to protective services about suspected abuse or exploitation. A wrongful refusal can bring civil liability and a court order to accept it. These acceptance rules don't apply to a power of attorney governed by another state's law.
How do you get a power of attorney for an elderly parent in Pennsylvania?
Your parent signs the notice and the power of attorney before a notary and two adult witnesses while they're still able to, and the agent signs the acknowledgment. The steps:
- Talk with your parent about who they'd want acting for them, and who should succeed them.
- Choose a document, drafted by an attorney or from another source, that begins with the statutory notice.
- Go through the powers with your parent, including any gifts or beneficiary changes that need an express grant.
- Your parent signs the notice and the power of attorney in front of a notary and two adult witnesses who aren't the agent.
- The agent signs the acknowledgment and attaches it.
- Give the agent a copy and keep the original somewhere safe.
Timing is the constraint. Your parent has to be able to sign. If that moment has passed, the family may need a court process instead, described in our Pennsylvania guardianship guide. Because of the formal steps, it helps to know what an elder law attorney does.
How do you revoke a power of attorney in Pennsylvania?
Your parent can revoke it, but Chapter 56 doesn't set a method for revoking a financial power of attorney; the required notice tells your parent the agent's powers last unless "you revoke these powers" or a court ends them.
The statute protects people who rely on a power of attorney in good faith. A person who accepts one without actual knowledge that it is "void, invalid or terminated" can rely on it without liability (§ 5608(d)), so the agent, the bank and anyone else holding a copy need to learn of the revocation.
How much does a power of attorney cost in Pennsylvania?
The notary fees are capped by the Department of State. For taking an acknowledgment, the maximum is $5 for the first name in the certificate and $2 for each additional name, and electronic or remote notaries may charge up to $20 more per act (4 Pa. Code § 167.3). Notaries may also charge clerical or administrative fees, which the Department doesn't set and customers should be told about before the notarization (Department of State).
Pennsylvania has no fill-in statutory form and requires a specific notice and acknowledgment. If your parent hires an attorney to prepare the document, the attorney's fee is separate; none of the rules above set it.
Frequently asked questions
Does a power of attorney need to be notarized in Pennsylvania?
Yes. Under 20 Pa.C.S. § 5601(b), a Pennsylvania power of attorney must be acknowledged before a notary and also witnessed by two adults. The notary can't be the agent, and a witness can't be the agent, the notary or the person who signed for your parent. Both steps are required, not one or the other.
Who can witness a power of attorney in Pennsylvania?
Any adult except the agent, the notary taking the acknowledgment, or a person who signed on your parent's behalf. The statute doesn't bar relatives from witnessing a financial power of attorney. The two witnesses sign along with the notary's acknowledgment, after your parent signs the required notice.
Does a Pennsylvania power of attorney need a notice?
Yes. Section 5601(c) requires a statutory notice in capital letters at the beginning, signed by your parent. It explains that the agent can act even after incapacity and that broad powers can include giving away property. Without it, an agent whose authority is challenged must prove they acted properly.
Can a Pennsylvania financial power of attorney make medical decisions?
A financial power of attorney covers property and finances. Pennsylvania handles health care through a health care power of attorney under Chapter 54, which needs two adult witnesses and no notary, and can be combined with a living will. Our guide to Pennsylvania's medical power of attorney explains it.
Is a power of attorney from another state valid in Pennsylvania?
Yes, if it complied with the governing state's law when signed, or with the federal requirements for a military power of attorney (20 Pa.C.S. § 5611). But Pennsylvania's seven-business-day acceptance rule and refusal penalties don't apply to a power of attorney governed by another state's law.
How do you revoke a power of attorney in Pennsylvania?
Chapter 56 doesn't prescribe a method for revoking a financial power of attorney. It does protect anyone who accepts one in good faith without actual knowledge that it was terminated (§ 5608(d)), so the agent, the bank and everyone else holding a copy need to be told about the revocation.
Getting started
A power of attorney is time-sensitive, because it needs your parent's signature while they can still give it, and in Pennsylvania it needs a notary, two witnesses, a signed notice and the agent's acknowledgment. The plan this site builds asks four questions, including which state your parents live in, and puts the handful of steps that matter most for your family in order. It's free and takes about 90 seconds.
Related guides
Sources
- 20 Pa.C.S. Chapter 56, Powers of Attorney: execution, notice and acknowledgment (§ 5601), duties (§ 5601.3), express grants (§ 5601.4), durability and effective date (§ 5604), divorce (§ 5605), good-faith reliance (§ 5608), acceptance (§ 5608.1) and out-of-state powers (§ 5611).
- 4 Pa. Code § 167.3, Notary fees: the maximum notary fees.
- Pennsylvania Department of State, Notary public fees: clerical and administrative fees.
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