Pennsylvania · checked against the official statute October 13, 2026
Power of attorney in PA: a signing-requirements checklist
Short answer: A Pennsylvania power of attorney signed since January 1, 2015 generally must be dated and signed by the principal, acknowledged before a notary, and signed by two witnesses age 18 or older who aren't the agent or the notary. It must open with a statutory notice the principal signs, and the agent can't act until they sign and attach a statutory acknowledgment (20 Pa.C.S. §5601). Unless it says otherwise, it's durable.
Most bank refusals trace back to the paperwork, not the bank. This checklist follows what Pennsylvania's power-of-attorney law requires, so you can see what a bank will look for before you need it.
This is a readiness checklist, not legal advice, and it isn't a form. We don't draft or fill in powers of attorney or tell you what kind to choose. A Pennsylvania attorney can prepare the document and answer questions about your family's situation.
The checklist: what Pennsylvania requires
- Dated and signed by the principal, by signature or mark. If the principal can't sign but specifically directs someone else to, that person may sign for them (§5601(b)).
- Acknowledged before a notary or another officer authorized to take acknowledgments (§5601(b)(3)(i)).
- Two witnesses, each 18 or older. A witness can't be the person who signed for the principal, the agent, or the notary taking the acknowledgment (§5601(b)(3)(ii)).
- The statutory NOTICE at the beginning, in capital letters, signed by the principal. If it's missing and the agent's authority is challenged, the agent carries the burden of showing their actions were proper (§5601(c)).
- The agent's signed acknowledgment, in the statutory form, attached to the document. Until the agent signs it, the agent has no authority to act (§5601(d)).
Some kinds of powers of attorney are exempt from parts of these rules, including ones limited to health care and certain commercial or government-form documents (§5601(e.1), (e.2)). If you aren't sure which rules apply to a document, that's a question for an attorney.
Durable, springing and "old" powers of attorney
- Durable by default. Unless the document says otherwise, a Pennsylvania power of attorney keeps working if the principal becomes incapacitated (§5601.1).
- Springing is allowed. A document can take effect when a stated event happens, such as the principal's incapacity (§5604(a)). Chapter 56 doesn't set a doctor-certification procedure; an agent's affidavit that the event has occurred is conclusive proof for someone who relies on it in good faith (§5606).
- Age alone doesn't end it. Unless it states an end date, a durable power of attorney is valid "notwithstanding the lapse of time since its execution" (§5604(b)).
After it's signed: the agent's records
Pennsylvania lists default duties for every agent who accepts the job, and one of them is practical: unless the power of attorney says otherwise, the agent must keep a record of all receipts, disbursements and transactions made for the principal (§5601.3(b)(4)). Banks, family members and courts can ask to see it. Keeping receipts, notes on what each payment was for, and copies of statements from day one is far easier than rebuilding them later.
When you take it to the bank
Pennsylvania law gives institutions 7 business days to accept the document or ask for a certification, translation or opinion of counsel, and bars them from requiring their own form. The details, and the 8 reasons a refusal is allowed, are in what PA law says when a bank won't accept a power of attorney.
Questions to bring to your attorney
- Which type of power of attorney, and which powers, fit what our family needs?
- Should any special powers (for example, gifts or changing beneficiaries) be included, and how are they written under §5601.4?
- Who should be the agent and the successor agent, and do they understand the duties?
- If a parent's ability to sign is in question, what does the attorney need from the doctor?
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
Does a power of attorney need to be notarized in Pennsylvania?
For most powers of attorney signed on or after January 1, 2015, yes. Under 20 Pa.C.S. §5601(b)(3), the principal's signature must be acknowledged before a notary or other authorized officer, and two adult witnesses must also sign. Health-care-only documents and some other types are exempt from parts of this rule.
Who can witness a power of attorney in Pennsylvania?
Two people age 18 or older. Under §5601(b)(3)(ii), a witness can't be the agent, the person who signed on the principal's behalf, or the notary taking the acknowledgment.
Is a Pennsylvania power of attorney durable?
Yes, by default. Under §5601.1, all powers of attorney are durable unless the document specifically says otherwise.
Does Pennsylvania have a statutory power of attorney form?
Chapter 56 doesn't contain a complete fill-in form. It prescribes the wording of the notice the principal signs, the agent's acknowledgment, and shorthand phrases for common powers. An attorney prepares the rest.
Does the agent have to keep records in Pennsylvania?
Yes, by default. Under §5601.3(b)(4), unless the power of attorney provides otherwise, an agent who has accepted the appointment must keep a record of all receipts, disbursements and transactions made on behalf of the principal.
Sources: 20 Pa.C.S. §§5601, 5601.1, 5601.3, 5601.4, 5604, 5606, 5608.1, official text, Pennsylvania General Assembly (legis.state.pa.us), checked October 13, 2026.