Accepted Pennsylvania · checked against the official statute October 13, 2026
Bank won't accept a power of attorney in Pennsylvania? Here's what PA law says
Short answer: Under Pennsylvania law (20 Pa.C.S. §5608.1), a bank or other person presented with a power of attorney must, within 7 business days, either accept it or ask for one of a short list of things: an agent's certification or affidavit, an English translation, or an opinion of counsel. Once it gets what it asked for, it must accept within 5 business days. It may not require its own form for authority the document already grants. The law also lists 8 situations where a refusal is allowed.
You did everything right: the document was signed, witnessed and notarized. Then the branch said it needs "our form." Pennsylvania is one of the states that wrote specific acceptance rules into its power-of-attorney law, and knowing them changes the conversation.
This page summarizes what the statute says, with section numbers and a link to the official text. It isn't legal advice about your document or your bank. Whether these rules apply to your situation is a question for a Pennsylvania attorney.
The deadlines in Pennsylvania's law
| When | What the law says the person must do | Section |
|---|---|---|
| Within 7 business days after the POA is presented | Accept it, or request an affidavit, an agent certification, an English translation or an opinion of counsel | §5608.1(a)(1) |
| Within 5 business days after receiving what it requested | Accept it (unless the response itself gives a substantial basis for a further request) | §5608.1(a)(2) |
| At any point | It "may not require an additional or different form" of power of attorney for authority granted in the document presented | §5608.1(a)(3) |
What a bank is allowed to ask for
Section 5608(e) lists what a person asked to accept a power of attorney may request:
- An agent's certification, under penalty of perjury, about facts relating to the principal, the agent or the power of attorney, or an affidavit under §5606.
- An English translation, if any part of the document is in another language.
- An opinion of counsel on whether the agent is acting within the authority granted. The person asking must give its reason in writing or another record.
Translations and opinions of counsel are at the principal's expense, unless the request comes more than 7 business days after the document (or a revision) is presented for acceptance, or, once accepted, is presented to use a power the agent hasn't used with that institution before (§5608(g)). After accepting a power of attorney, an institution may ask for a certification, opinion or affidavit again when the agent uses it later (§5608(f)).
The 8 reasons a refusal is allowed
Under §5608.1(b), a person is not required to accept a power of attorney if:
- it wouldn't otherwise be required to do that transaction with the principal in the same circumstances;
- the transaction would be inconsistent with the power-of-attorney law, including a document not executed as §5601(b) requires, or a missing agent acknowledgment under §5601(d);
- the transaction would be inconsistent with another law or regulation;
- it actually knows the agent's authority or the power of attorney has ended;
- its request for a certification, translation, affidavit or opinion of counsel is refused;
- it believes in good faith that the power of attorney isn't valid or the agent lacks authority;
- it reports suspected abuse or financial exploitation of the principal to local protective services under Pennsylvania's Older Adults Protective Services Act;
- it knows someone else has made such a report.
Reasons 2 and 6 are where most document problems show up. Pennsylvania powers of attorney signed since 2015 need a notary and two adult witnesses who aren't the agent or the notary, a signed notice from the principal at the start, and a signed acknowledgment from the agent. Our Pennsylvania requirements checklist walks through each one.
What the law provides if a refusal breaks these rules
Section 5608.1(c) says a person who refuses in violation of the section is subject to civil liability for financial harm to the principal, and to a court order requiring acceptance of the power of attorney. The section itself doesn't include an attorney's-fee provision.
Two limits matter. These acceptance rules don't apply to a power of attorney governed by another state's law, or to a government-prescribed form for a government purpose (§5608.1(d)). And they sit alongside federal and other state laws a bank must follow.
Options families commonly consider
Every situation is different, and none of these is a recommendation. These are the paths families and published guidance most often describe:
- Ask what, specifically, the institution needs, and note the date you presented the document. The statute's deadlines run from presentation.
- Ask for the reason in writing. For an opinion-of-counsel request, the law itself requires the reason in writing.
- Provide a certification or affidavit, if that's what was requested.
- Escalate inside the institution. The federal Consumer Financial Protection Bureau suggests going to "the branch manager, a supervisor, or an attorney for the bank."
- File a complaint with the Consumer Financial Protection Bureau (consumerfinance.gov) or the institution's regulator.
- Talk to a Pennsylvania attorney about whether the refusal fits one of the allowed reasons, and what a court order would involve.
Questions to bring to your attorney
- Was our document executed the way §5601 requires, including the notice and the agent acknowledgment?
- Does the bank's stated reason fit any of the 8 reasons in §5608.1(b)?
- Is our power of attorney governed by Pennsylvania law, or another state's?
- If the bank keeps refusing, what would asking a court for an order under §5608.1(c) involve, in time and cost?
A change to watch: Senate Bill 738
Pennsylvania Senate Bill 738 passed the state Senate on September 30, 2026 and is in a House committee. As written, it would let financial institutions hold or refuse a power-of-attorney agent's instructions when they suspect financial exploitation of an older adult, for up to 7 business days, extendable by up to 15 more. It isn't law. We'll update this page if it passes.
Free: the bank-ready POA checklist
A one-page checklist of what to gather and note before you walk into the bank, plus a log for tracking the 7-business-day clock.
Common questions
Can a bank in Pennsylvania refuse a power of attorney?
Yes, but only in the situations listed in 20 Pa.C.S. §5608.1(b), such as a good-faith belief the document is invalid, actual knowledge it has ended, a refused request for a certification or opinion of counsel, or a report of suspected exploitation to protective services. Outside those reasons, the law requires acceptance within the stated deadlines.
How long does a Pennsylvania bank have to accept a power of attorney?
Under §5608.1(a), it must accept or make an allowed request within 7 business days after the document is presented, and accept within 5 business days after receiving what it requested.
Can a bank make me use its own power of attorney form in Pennsylvania?
Section 5608.1(a)(3) says a person may not require an additional or different form of power of attorney for authority granted in the document presented.
Does an old power of attorney expire in Pennsylvania?
Under §5604(b), unless the document states a time it ends, a durable power of attorney stays valid regardless of how long ago it was signed. A bank can still ask for an agent certification confirming it's in effect.
What happens if a bank refuses a valid power of attorney in Pennsylvania?
Section 5608.1(c) says a person who refuses in violation of the section is subject to civil liability for financial harm to the principal and to a court order requiring acceptance. Whether that applies to a particular refusal is a question for a Pennsylvania attorney.
Sources: 20 Pa.C.S. §§5601, 5604, 5606, 5608, 5608.1, official text, Pennsylvania General Assembly (legis.state.pa.us), checked October 13, 2026 · Consumer Financial Protection Bureau, Ask CFPB #1151 (last reviewed August 30, 2024) · Pennsylvania SB 738 (2025–2026), palegis.us.