Power of Attorney: Pennsylvania Requirements, Types, and Uses

What is a power of attorney?

A POA is useful if you can't be present to take care of a financial matter or you want someone to take care of your finances or medical treatment in the event you become incapacitated.

The person you grant power of attorney to is often called an “agent,” “agent-in-fact,” or “attorney-in-fact”, but this isn’t an attorney or legal professional. In the case of a POA, your agent can be a friend, family member, or anyone else you trust to make important decisions in your absence.

The person you designate as your agent has a fiduciary responsibility to make decisions that are in your best interest to the best of their ability. If a court determines that your agent isn’t acting in good faith, they could opt to revoke the powers and duties granted to them under the power of attorney. 

What a power of attorney can do

A general POA gives broad powers and duties to your agent. However, you have the ability to specify the terms of your agent’s authority in your power of attorney contract and to limit them to certain responsibilities if you so choose. Among other things, POAs can typically grant your agent the ability to do the following:

• Sell property held by you without your advance approval
• Make banking and financial transactions on your behalf, including paying bills, handling tax matters, and managing investments
• Sign contracts on your behalf
• Make business decisions for you, either independently or with any business partners you may have
• Conduct real estate transactions in your name
• Receive government benefits on your behalf

You can see a full list of the power of attorney powers granted to an agent in Pennsylvania in Section 5602(a) of Title 20.

What a power of attorney can’t do

It can feel scary to give complete control over your life and property to another person, even if it’s someone you trust. Thankfully, there are limitations and legal guardrails to the authority granted by a POA that help ensure the arrangement is to the principal’s benefit. Even with power of attorney, your agent cannot:

• Make changes to your will
• Vote in an election on your behalf
• Transfer their power of attorney duties to someone else
• Act in any way that isn’t reasonably considered to be in your best interest or in accordance with your explicit wishes

Requirements for power of attorney in PA

As with any legal document, it’s important to ensure the requirements for a POA are followed to the letter if you want to ensure your wishes are carried out. Here are the basic requirements for filing a valid power of attorney in Pennsylvania:

1. You must choose an agent that is at least 18 years old.
2. Your POA must include the notice outlined in Section 5601(c) of Title 20 of the Statutes of Pennsylvania Consolidated Statutes. The notice must be in capital letters and signed by the principal.
3. The agent must sign the acknowledgment outlined in Section 5601(d), which attests that they will act in good faith and in the best interests of the principal. This signed acknowledgement must be affixed to the POA.
4. The POA must be signed by the principal in the presence of two adult witnesses and then notarized. The agent identified in the POA cannot also act as the notary public.

Although it is not required, filing a power of attorney in Pennsylvania may be done with the clerk of the Orphan's Court Division of the Court of Common Pleas in the county where the principal resides.

If the POA includes authority for real estate transactions and is notarized, it may also be recorded in the county office for recording deeds.

How to get a power of attorney in Pennsylvania

If you’re considering filing a power of attorney in Pennsylvania, it can be a good idea to consult an attorney or other legal expert to help you. LegalZoom offers financial power of attorney drafting and more extensive estate plans based on your needs.

Section 5602 and Section 5603 of Pennsylvania law indicate and describe various types of powers that may be given to an agent by a general POA. However, if you’re seeking out a type of power of attorney that is more specific, there may be additional considerations or rules to take into account.

How to get a general power of attorney in Pennsylvania

Getting a general POA in Pennsylvania can be as simple as following the required steps outlined above. However, there are a few points you’ll want to consider, such as whether you’re planning to create a durable or non-durable power of attorney.

Non-durable POAs are typically short-lived and expire if and when you become physically incapacitated. A durable POA is what one thinks of when they think of power of attorney. It allows your agent to make decisions for you even after you become physically or mentally unable to. Under Pennsylvania law, a POA is durable unless it specifically states otherwise.

You may also opt to set up your POA as a springing power of attorney. Unlike a POA that is effective immediately upon singing, a springing POA requires a triggering event to “spring” into action. You can set up a springing POA so that your agent’s powers are triggered once you become incapacitated, but you also have the power to define what a “triggering event” looks like.

How to get a financial power of attorney in Pennsylvania

Obtaining a financial POA in Pennsylvania is not as easy as in some states, because the Pennsylvania legislature has not created a form for a financial power of attorney. You may decide to modify a generic POA form, but you will still need to ensure that it meets state requirements in order for it to be valid—this is where attorney advice can be crucial.

The provisions of a general POA grant a large number of financial powers to your agent. However, you may amend this list to limit it to just financial decisions or even tailor it to a specific limited number of financial responsibilities. Selling or buying real or personal property, trading stocks, entering safe deposit boxes, and managing retirement plan transactions are just a few of the financial powers you may choose to include or omit from your Pennsylvania power of attorney.

How to get a medical power of attorney in Pennsylvania

Pennsylvania authorizes the creation of a medical power of attorney but does not provide a suggested form. You may make a healthcare POA if you are at least 18 years of age or, if under 18, you have graduated from high school, are married, or are legally emancipated.

A person who signs a POA on behalf of the principal may not be a witness, a healthcare provider, or an agent of a healthcare provider. A healthcare provider for the principal may not serve as agent, nor may an owner, operator, or employee of such a healthcare provider.

More details regarding healthcare POAs may be found in Title 20 of the Statutes of Pennsylvania Consolidated Statutes, starting at Section 5451, subchapter C, including life-sustaining treatment and other medical decisions.

FAQs

Is there a difference between an attorney-in-fact and an agent?

Attorney-in-fact and agent are two names for the same person: the individual who will act on behalf of the principal. By agreeing to be an attorney-in-fact or an agent in someone’s power of attorney, you agree to make decisions in line with the principal’s reasonable expectations, to the best of your ability.

How long does power of attorney last in Pennsylvania?

A Pennsylvania power of attorney will remain in effect until it expires (as defined in its terms but typically upon the death of the person creating it) or is revoked.

In some instances, your power of attorney may expire automatically. If you pass away or the person named as your agent passes away or is otherwise unable to perform the powers granted to them, the power of attorney will expire. If you name your spouse as your agent and you get a divorce, the power of attorney will be revoked unless you specify otherwise in the terms.

As the principal, as long as you remain mentally competent, you can revoke your power of attorney at any time and for any reason.

Can I appoint multiple people as an agent on my power of attorney?

Yes, you may appoint multiple people as agents to act jointly on your behalf in the event that you’re no longer capable of making your own decisions. Or, you may choose to appoint a successor agent who would take over the POA powers if your original agent passes away or resigns from the responsibility.

How much does it cost to get power of attorney in Pennsylvania?

The cost to create a POA in Pennsylvania can range from $50–$500, depending on whether you choose to file it yourself or hire an attorney to help you customize the terms of your agreement. Remember: you are not required to file your POA at your county court, but if you choose to do so, you’ll pay a filing fee, typically around $50.

Notary fees in Pennsylvania are set by the state at $5 per signature. If you decide to use an attorney, costs could rise considerably, although this added cost can give you peace of mind that your POA is valid. LegalZoom’s POA services start at $39.

Will I still have control over my life if I sign a power of attorney?

Just because you sign a Pennsylvania power of attorney does not mean you suddenly lose your ability to act independently and make your own choices. As the principal, you have full control over the duration and conditions of your power of attorney, as well as the ability to revoke it at any time. In that sense, a POA is about allowing you to maintain control—over who gets to make decisions for you, and how—in circumstances where you may not be physically or mentally able to. 

That said, your specified agent will have a great deal of influence over your personal and business matters, so it’s important to appoint someone you believe will act loyally and not abuse the authority granted to them. Be sure to choose a competent adult you trust to make discretionary decisions about your estate and your life.

Edward A. Haman, Esq.contributed to this article.