How do I create a power of attorney in Pennsylvania?
Pennsylvania substantially overhauled its POA law in 2014 following Vine v. Commonwealth (SERS), strengthening third-party protections.
1. Governing Law
20 Pa.C.S. §§ 5601-5612 (Chapter 56 of the Probate, Estates and Fiduciaries Code). Not a full UPOAA adoption but incorporates many UPOAA principles.
2. Types
3. Statutory Form
Pennsylvania does NOT publish a mandatory statutory short form; § 5602 lists authorized powers that may be incorporated by reference (e.g., "to engage in real property transactions").
4. Execution Formalities
Under § 5601(b), the POA must be: (1) dated; (2) signed by the principal (or by mark or by another in principal's presence at direction); (3) signed by two witnesses (neither of whom may be the agent or the notary); AND (4) acknowledged before a notary. The principal must also sign a separate Notice (§ 5601(c)) and the agent must sign an Acknowledgment (§ 5601(d)) before acting.
5. Durability
A POA is durable when it contains the words "This power of attorney shall not be affected by my subsequent disability or incapacity" or similar (§ 5604). Not automatically durable.
6. Acceptance by Third Parties
20 Pa.C.S. § 5608 provides immunity for third parties accepting in good faith. Section 5608.1 requires acceptance unless the third party has actual knowledge of revocation or termination. Liability and attorney fees for wrongful refusal.
7. Revocation
Written revocation (§ 5605); notice to agent and third parties required. Record in the county recorder's office if the POA was recorded. Death, divorce (as to spouse-agent under § 5605(c)), or court-appointed guardian terminates.
8. Special Authorities
"Hot powers" under § 5601.4 — gifting, creating trusts, changing beneficiary designations, exercising rights of survivorship — require express grant; cannot be inferred from general language.
This is legal information, not legal advice.
- Pre-2015 POA needs updated Notice/Acknowledgment for bank acceptance
- Agent suspected of self-dealing or undue influence
- POA needs to include Medicaid-planning gifting authority
- 20 Pa.C.S. § 5601
- 20 Pa.C.S. § 5601.4
- 20 Pa.C.S. § 5602
- 20 Pa.C.S. § 5604
- 20 Pa.C.S. § 5605
- 20 Pa.C.S. § 5608
- 20 Pa.C.S. §§ 5421-5471
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.