Accepted For adult children · Pennsylvania, New Jersey, Maryland · statute facts checked October 2026
Power of attorney for an elderly parent: how families get it done, and get it accepted
Short answer: a power of attorney is your parent's document. They decide whether to sign one and whom to name, usually with an attorney who prepares it. Each state then has its own signing rules: Pennsylvania requires a notary and two witnesses, New Jersey requires the document to be acknowledged (for example before a notary or attorney) but its POA act adds no witness requirement, and Maryland requires a notary and two adult witnesses. Whether a parent can still sign is a question for their doctor and the attorney. Once it's signed, the work that families underestimate is getting banks to accept it and keeping the agent's records.
Most families start thinking about a power of attorney after a scare: a fall, a hospital stay, a bill that didn't get paid. This guide walks through how families usually go about it, what each state's statute says, and the part that catches people off guard: the bank.
This is general information, not legal advice, and we don't prepare powers of attorney. Your parent's attorney can tell you what fits your family.
How families usually go about it
- The conversation. The power of attorney belongs to your parent: they choose whether to sign and who acts for them. Many families raise it around a practical need ("if you're ever in the hospital, who pays the bills?") rather than as a legal project.
- An attorney prepares it. The attorney works with your parent on the type of document, the powers it grants, the agent and any successor. Our PA, NJ and MD checklists list the questions families bring to that appointment.
- Signing, by the state's rules. The signing requirements are set by state law, and they differ (see the table below).
- Getting it accepted. Before you need it, the agent checks with each bank and institution what they'll ask for. This is where most of the friction is.
- Keeping records. In all three states the agent is expected to keep records of transactions made for the parent. See what each state requires of an agent.
Signing rules in Pennsylvania, New Jersey and Maryland
| Pennsylvania | New Jersey | Maryland | |
|---|---|---|---|
| Notary / acknowledgment | Acknowledged before a notary or other authorized officer (20 Pa.C.S. §5601(b)(3)(i)) | Acknowledged under N.J.S.A. 46:14-2.1 (46:2B-8.9); officers include a notary or an attorney-at-law (46:14-6.1) | Acknowledged before a notary (Est. & Trusts §17-110(a)(3)) |
| Witnesses | Two, age 18+, not the agent or the notary (§5601(b)(3)(ii)) | The Revised Durable POA Act adds no witness requirement | Two or more adults; the notary may be one (§17-110(a)(4), (b)) |
| Durable (survives incapacity)? | Yes, unless it says otherwise (§5601.1) | Only if it says so (46:2B-8.2(b)) | Yes, unless it says otherwise (§17-105(c)) |
| Agent's records | Keep a record of all receipts, disbursements and transactions, unless the document says otherwise (§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, unless the document says otherwise (§17-113(b)(3)) |
Pennsylvania documents signed on or after January 1, 2015; Maryland documents signed on or after October 1, 2010. Some kinds of documents are exempt from parts of these rules; ask the attorney.
"Can my parent still sign?"
That's a question for your parent's doctor and the attorney, not for a checklist, and not for us. If you're unsure, raise it with both before the signing appointment. Families often find it easier to have the conversation while there's no doubt, rather than after a diagnosis or a hospital stay makes it urgent.
"What if my parent won't sign one?"
It's their decision. Families commonly try a different moment, a different framing (a specific, practical need), or having the parent meet the attorney on their own. If a parent can no longer make the decision at all, families usually need an attorney's guidance on what other routes exist in their state.
The part families underestimate: the bank
A valid power of attorney can still be turned away at a branch. How much protection the law gives you depends on your state:
- Pennsylvania sets deadlines (7 business days to accept or ask for a certification, translation or opinion of counsel) and bars requiring the bank's own form. PA: when a bank won't accept a POA.
- New Jersey says banks shall accept and rely on a conforming power of attorney within "a reasonable time," with a 10-year rule for old documents. NJ: when a bank won't accept a POA.
- Maryland ties its strongest protections to the state's statutory form. MD: when a bank won't accept a POA.
Our state kits (PA, NJ, MD) turn this into worksheets: a signing check, a pre-clearance sheet for each institution, an escalation log, and an agent's records spreadsheet.
Questions to bring to the attorney
- What type of power of attorney fits what our parent wants, and should it take effect now or later?
- Who should be the agent, and who should be the successor?
- Are there powers (such as gifts or beneficiary changes) that need to be stated expressly in our state?
- Does a health-care directive need to be a separate document?
- If our parent's ability to sign is in question, what does the attorney need from the doctor?
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 presentation log for every institution.
Common questions
How do I get power of attorney for my elderly parent?
A power of attorney is your parent's document: they decide whether to sign and whom to name, usually with an attorney who prepares it. It's then signed under your state's rules (for example, Pennsylvania requires a notary and two witnesses; Maryland requires a notary and two adult witnesses; New Jersey requires an acknowledgment, and its POA act adds no witness requirement).
Can I get power of attorney if my parent has dementia?
Whether a parent can still understand and sign a legal document is a question for their doctor and an attorney. We don't assess capacity. If a parent can no longer make the decision, an attorney can explain what other routes exist in your state.
Is a power of attorney durable?
It depends on the state. In Pennsylvania (20 Pa.C.S. §5601.1) and Maryland (Est. & Trusts §17-105(c)) it's durable unless it says otherwise. In New Jersey it's durable only if it says so (N.J.S.A. 46:2B-8.2(b)).
Does the agent have to keep records?
In all three states, yes: Pennsylvania (§5601.3(b)(4)) and Maryland (§17-113(b)(3)) by default unless the document says otherwise, and New Jersey requires accurate books and records of all financial transactions (46:2B-8.13).
Why would a bank refuse a valid power of attorney?
The federal Consumer Financial Protection Bureau has reported that institutions sometimes refuse powers of attorney for reasons not supported by state law, such as the document not being on the institution's preferred form. Each state limits refusals differently; see our PA, NJ and MD guides for what the statute says in your state.
Sources: 20 Pa.C.S. §§5601, 5601.1, 5601.3, 5608.1; N.J.S.A. 46:2B-8.2, 8.9, 8.13, 46:2B-13, 46:14-2.1, 46:14-6.1; Md. Code, Est. & Trusts §§17-104, 17-105, 17-110, 17-113, 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) · CFPB, Recommendations and Report for Financial Institutions on Preventing and Responding to Elder Financial Exploitation (March 2016).