Power of Attorney in Pennsylvania

A power of attorney must be dated and signed by the principal (or by mark, or by another person at the principal's direction). For powers of attorney signed on or after January 1, 2015, the signature must be acknowledged before a notary public (who may not be the agent) and witnessed by two adults; the agent, the notary and anyone signing for the principal may not serve as witnesses. A financial power of attorney must begin with a statutory notice in capital letters, signed by the principal, and the agent must sign a statutory acknowledgment before acting. Powers of attorney are durable unless they say otherwise. There is no complete statutory fill-in form; the law lists short phrases that grant specific powers.

Pennsylvania recognizes a living will and a health care power of attorney (which may be combined). Either may be made by a person of sound mind who is 18 or older, has graduated from high school, is married, or is an emancipated minor. It must be dated and signed by the principal (or by another person at the principal's direction) and witnessed by two individuals who are each 18 or older; a person who signs for the principal may not be a witness, and a health care provider (or its agent) who provides care to the principal may not sign on the principal's behalf. No notarization is required. The statute includes an example combined form, but any written form containing the required information may be used.

Pennsylvania does not set out a fill-in statutory form for a financial power of attorney, but every power of attorney must begin with a statutory NOTICE in capital letters signed by the principal, and the agent must sign an acknowledgment of duties before acting (20 Pa.C.S. 5601(c), (d)). The power of attorney must be dated and signed by the principal (or by another person at the principal's direction), acknowledged before a notary public who is not the agent, and witnessed by two adults; the agent, the notary, and anyone who signed for the principal cannot be witnesses (5601(b)). For health care, the statute gives an example form, "Durable Health Care Power of Attorney and Health Care Treatment Instructions (Living Will)" (20 Pa.C.S. 5471). A health care power of attorney must be dated, signed by the principal and witnessed by two adults; a person who signs on the principal's behalf cannot be a witness (5452). Notarization is not required for a power of attorney used only for health care decisions (5601(e.2)).