Free Pennsylvania Power of Attorney Template

A Pennsylvania power of attorney (POA) is a legal document that lets you appoint someone you trust—called an agent—to make decisions on your behalf. You can use it to manage your finances, real estate, healthcare, or other personal matters.

Under Pennsylvania law, the principal must be at least 18 years old and mentally competent when signing.

POAs are governed by Pennsylvania Consolidated & Unconsolidated Statutes, Title 20, Chapter 56, which outlines the notice, acknowledgment, and signing requirements.

Pennsylvania law recognizes multiple types of POAs to address different needs. The table below lists the main forms and their signing rules.

Durable vs. Non-Durable Power of Attorney

Under 20 PA Cons Stat § 5601.1, all Pennsylvania POAs are durable by default unless the document explicitly states otherwise.

• A durable power of attorney continues to be valid even if you become incapacitated.
• A non-durable power of attorney ends immediately if you lose decision-making capacity.

To make your POA non-durable, include language that clearly states it will terminate upon your incapacity.

Medical Power of Attorney in Pennsylvania

A medical power of attorney, also called a health care power of attorney, lets you name someone to make healthcare decisions if you can’t.

Under 20 PA Cons Stat § 5452, your witnesses cannot be your agent or healthcare provider.

Your medical POA can include:

• End-of-life treatment preferences
• Authorization for or refusal of procedures
• Pain management directions
• Organ donation wishes

You can also attach a living will or advance directive for detailed medical instructions.

Financial Power of Attorney

A financial power of attorney allows your agent to manage your financial and legal matters, such as:

• Paying bills and managing accounts
• Handling investments and property
• Filing taxes or managing business affairs

If your agent will represent you in state tax matters, use the Pennsylvania Department of Revenue Power of Attorney (Form REV-677).

Follow these steps to create a valid Pennsylvania power of attorney:

1. Choose your agent: Select a trusted adult to act on your behalf. You can also name co-agents or successor agents.
2. Grant authority: Specify what your agent can do—financial, medical, property, or legal powers.
3. Add special instructions: Include limits or permissions, such as gifting authority or real estate powers.
4. Sign with witnesses and notary: Pennsylvania law requires two adult witnesses and notarization (20 PA Cons Stat § 5601(b)(3)).
5. Include mandatory notice and acknowledgment: The POA must contain a statutory notice in capital letters, signed by the principal, as required under 20 PA Cons Stat § 5601(c). Your agent must also sign an acknowledgment agreeing to act in good faith (20 PA Cons Stat § 5601(d)).

Notarization and Witnessing

A Pennsylvania POA must be signed before two adult witnesses and a notary. Witnesses cannot be your agent, spouse, or close relative.

The notarization verifies that you signed the form willingly and understood its terms, while the witnesses ensure the process was voluntary.

Filing

You do not need to file a POA for it to be valid. However:

• File it with the Orphans’ Court to facilitate recognition by banks or healthcare facilities.
• Record it with the Recorder of Deeds if it involves real estate transactions.

Agent Acknowledgment

Your agent must sign a separate acknowledgment promising to act in good faith and according to your best interests, as required by 20 PA Cons Stat § 5601(d).

Multiple Agents

You can name more than one agent to act jointly or independently. You may also appoint successor agents to step in if the primary agent cannot serve.

Revocation

You can revoke your POA at any time while mentally competent. Provide written notice to your agent and any institutions relying on it, or complete a revocation of power of attorney.