Accepted Pennsylvania · New Jersey · Maryland · statute facts checked October 2026
Power of attorney duties: what Pennsylvania, New Jersey and Maryland require of an agent
Short answer: an agent under a power of attorney must act for the principal, not for themselves. In Pennsylvania and Maryland, an agent who has accepted the role must act in good faith or with care, competence and diligence, follow the principal's reasonable expectations, stay within the authority granted, and, unless the document says otherwise, keep a record of every receipt, disbursement and transaction (20 Pa.C.S. §5601.3; Md. Code, Est. & Trusts §17-113). New Jersey treats the agent as a fiduciary who must keep accurate books and records of all financial transactions (N.J.S.A. 46:2B-8.13).
Most agents are adult children doing this alongside a job and their own family. The statutes are specific about what's expected, and the record-keeping duty is the one that most often causes trouble later, when a sibling, a bank or an executor asks to see the paper trail.
This is general information, not legal advice. Whether a particular transaction is allowed under your parent's document is a question for an attorney.
Duties side by side
| Pennsylvania | New Jersey | Maryland | |
|---|---|---|---|
| Core duties (apply whatever the document says) | Follow the principal's reasonable expectations as known, otherwise their best interest; act in good faith; act only within the authority granted (§5601.3(a)) | The agent is a fiduciary and must act solely for the principal's benefit (46:2B-8.13) | Follow the principal's reasonable expectations as known, otherwise their best interest; act with care, competence and diligence; act only within the authority granted (§17-113(a)) |
| Default duties (unless the document says otherwise) | Act loyally; avoid conflicts of interest; act with care, competence and diligence; cooperate with the health-care decision-maker; try to preserve the estate plan (§5601.3(b)) | Not listed separately in the act | Act loyally; avoid conflicts of interest; cooperate with the health-care decision-maker; try to preserve the estate plan (§17-113(b)) |
| Records | Keep a record of all receipts, disbursements and transactions (§5601.3(b)(4)) | Maintain accurate books and records of all financial transactions (46:2B-8.13) | Keep a record of all receipts, disbursements and transactions (§17-113(b)(3)) |
| Keeping funds separate | Keep the agent's funds separate from the principal's, with narrow exceptions (§5601.3(b)(1.1)) | Not stated in the act | Not stated in §17-113 |
| Who can ask to see the records | The principal, a guardian or other fiduciary, a protective government agency, a court, or after death the personal representative; 30 days, plus 30 more with a written reason (§5601.3(d)) | Accounting on demand of the principal, a guardian or the personal representative, or by court order on an heir's application (46:2B-8.13) | The principal, a guardian or other fiduciary, a protective government agency, a court, or after death the personal representative; 30 days, plus 30 more with a written reason (§17-102) |
| Pay and expenses | Reasonable compensation unless the document says otherwise, plus reimbursement of expenses (§5609) | As the document directs; otherwise a court may award reasonable compensation (46:2B-8.12) | Reimbursement of reasonable expenses, but no compensation unless the document provides for it (§17-114) |
| Gifts | An agent may make a gift only if the document expressly grants that authority (§5601.4(a)(2)) | No gifting authority unless the document gives it expressly and specifically; an "all acts" clause isn't enough (46:2B-8.13a) | Check the document and ask the attorney |
What good record-keeping looks like in practice
- A running log of every payment in and out: date, amount, who, and what it was for.
- Receipts and statements kept with the log, so each line can be backed up.
- The principal's money in the principal's accounts. Pennsylvania's statute spells this out (§5601.3(b)(1.1)), and it keeps the record clean in any state.
- Expenses the agent paid personally logged separately, with receipts, if they'll be reimbursed.
- A copy of the power of attorney and any agent's acknowledgment, kept with the records.
Each of our state kits (PA, NJ, MD) includes an agent's records spreadsheet built around these duties.
Questions to bring to the attorney
- Does our parent's document change any of the default duties, or allow compensation?
- Does it authorize gifts, and if so, to whom and how much?
- What should the agent do about money that was already mixed with family funds before the power of attorney was signed?
- If a sibling asks to see the records, are they entitled to them?
Related: does a power of attorney end at death? · how a power of attorney is revoked
Free: the bank-ready POA checklist
What to gather and note before you present a power of attorney, with PA, NJ and MD notes, plus a log for every institution.
Common questions
What are the duties of a power of attorney agent?
In Pennsylvania and Maryland, an agent who has accepted the role must follow the principal's reasonable expectations (otherwise their best interest), act in good faith or with care, competence and diligence, and stay within the authority granted; by default they must also act loyally, avoid conflicts and keep records (20 Pa.C.S. §5601.3; Md. Code, Est. & Trusts §17-113). In New Jersey, the agent is a fiduciary who must act solely for the principal's benefit and keep accurate books and records (N.J.S.A. 46:2B-8.13).
Does a power of attorney agent have to keep records?
Yes, in all three states: Pennsylvania (§5601.3(b)(4)) and Maryland (§17-113(b)(3)) unless the document says otherwise, and New Jersey requires accurate books and records of all financial transactions (46:2B-8.13).
Can a power of attorney agent be paid?
In Pennsylvania, the agent is entitled to reasonable compensation unless the document says otherwise (§5609). In Maryland, the agent gets reasonable expenses but no compensation unless the document provides for it (§17-114). In New Jersey, compensation is as the document directs, or a court may award reasonable compensation (46:2B-8.12).
Can a power of attorney agent give money away?
Only with authority in the document. Pennsylvania allows gifts only if the document expressly grants that authority (§5601.4(a)(2)), and New Jersey says an "all acts" clause doesn't authorize gifts (46:2B-8.13a). Ask the attorney what your parent's document allows.
Who can ask to see the agent's records?
In Pennsylvania and Maryland: the principal, a guardian or other fiduciary, a protective government agency, a court, or after death the personal representative, with a 30-day response window (PA §5601.3(d); MD §17-102). In New Jersey: the principal, a guardian or the personal representative, or a court on an heir's application (46:2B-8.13).
Sources: 20 Pa.C.S. §§5601.3, 5601.4, 5609; N.J.S.A. 46:2B-8.12, 8.13, 8.13a; Md. Code, Est. & Trusts §§17-102, 17-113, 17-114, official texts (Pennsylvania General Assembly and Maryland General Assembly, checked October 16, 2026; New Jersey Legislature, updated through P.L.2026, c.30, checked October 14, 2026).