Mitchell Legacy Law

Pennsylvania power of attorney attorney

Pennsylvania power of attorney requirements

Get any part of the signing wrong and you have a document that looks fine in a drawer and fails at a bank counter.

Last reviewed: 14 August 2026

The short answer

For a Pennsylvania power of attorney executed on or after January 1, 2015, the document must be dated and signed by you, acknowledged before a notary public, and witnessed by two individuals who are each 18 or older. Your agent cannot serve as a witness, and the notary cannot be one of the two witnesses (20 Pa.C.S. § 5601). The document must include the statutory notice in capital letters at the beginning, signed by you, and your agent must sign the statutory acknowledgment before acting on your behalf. Pennsylvania powers of attorney are durable by default (20 Pa.C.S. § 5601.1).

The problem this document solves

There is a common assumption that marriage or parenthood carries legal authority with it. It does not. If you are incapacitated tomorrow and have no valid power of attorney, your spouse cannot simply call your bank and move money. Your adult child cannot refinance your mortgage or manage your retirement account.

What happens instead is guardianship: a court proceeding, filed publicly, in which a judge decides who manages your affairs and supervises them afterward. It costs money, it takes time, and the person appointed may not be the person you would have chosen.

A power of attorney is how you avoid that. It is also, in my experience, the document Pennsylvania families are most likely to have and least likely to have correctly.

The execution trap that catches Pennsylvania families

Act 95 of 2014 changed how these documents must be signed, effective January 1, 2015. Before that, a Pennsylvania power of attorney generally did not need to be notarized or even witnessed.

The rule that causes the most trouble is this one: your agent cannot be a witness.

Most couples name each other

That is the normal, sensible choice. But it means your spouse is disqualified from serving as one of your two witnesses, because your spouse is your agent. For decades it was routine practice for spouses to witness each other’s documents so that only one additional witness was needed. That practice does not work for powers of attorney anymore.

The notary cannot fill the gap

The person who notarizes cannot be counted as one of the two witnesses. So a Pennsylvania power of attorney signed the way a lot of documents used to be signed, with a spouse and a notary in the room and nobody else, is a document with a problem.

Signed before 2015?

The rules in effect at signing generally govern its execution, and it is not automatically void. But it may not contain the specific grants of authority Pennsylvania now requires for certain acts, and financial institutions are markedly more reluctant to accept older documents. It is worth a review.

What else Pennsylvania requires

The statutory notice
The document must begin with a notice in capital letters, which you sign. It explains what you are handing over.
The agent acknowledgment
Your agent has no authority to act until signing the statutory acknowledgment agreeing to the mandatory duties: to act in your reasonable expectations and otherwise in your best interest, to act in good faith, and to act only within the authority you granted.
Specific grants for specific powers
General language is not enough for certain acts. If you want your agent to be able to make gifts of your property, change beneficiary designations, create or amend a trust, or take other significant steps, the document has to say so specifically. This matters enormously if the goal is protecting assets or reducing inheritance tax later, because an agent without that authority simply cannot do it.

When a bank refuses your power of attorney

This is the failure people call me about most, and Pennsylvania law is more helpful here than most people know.

Within 7 business days

A person presented with a power of attorney must either accept it, or request a certification, a translation, an affidavit, or an opinion of counsel (20 Pa.C.S. § 5608.1).

Then 5 business days

If they make one of those requests and receive it, they must accept the power of attorney, unless what they received gives a substantial basis for a further request. They also may not require you to produce a different form of power of attorney.

If they refuse anyway

The remedies include civil liability for financial harm caused to the principal by the refusal, and a court order mandating acceptance. Certain exceptions apply, including powers of attorney governed by another state’s law and those prescribed by a government agency for a governmental purpose.

In practice, most refusals resolve once someone points to the statute in writing. That letter is usually a small piece of work and it is often the entire problem.

How I handle this

Every plan I build treats the power of attorney as the load-bearing document rather than an afterthought stapled to a will. That means:

Questions I get about this

Not sure whether yours would hold up?

Download the Pennsylvania Power of Attorney Checklist, or bring the document to a consultation and we’ll look at it together.