What You Need to Do to Create a Power of Attorney in Pennsylvania

In Pennsylvania, you create a power of attorney by signing a document in front of a notary public. You do not file it with any government office, and you do not need a lawyer, though many people choose to use one. The document becomes valid as soon as you sign and have it notarized—you do not register it anywhere or wait for approval. Pennsylvania recognizes two main types: a general power of attorney, which gives someone broad authority to handle your finances and property, and a healthcare power of attorney, which lets someone make medical decisions if you cannot.

The person you name is called your agent or attorney-in-fact. They can be a family member, friend, or professional. You can name more than one agent, but Pennsylvania law says they must act together unless you write that they can act separately. You can also name alternate agents who step in if your first choice cannot or will not serve.

Key Takeaways

  • A power of attorney in Pennsylvania requires only your signature, a notary's seal, and the agent's signature—no filing with the state or court is necessary.
  • You can use a form from the Pennsylvania Bar Association or write your own document, as long as it meets state law requirements for wording and notarization.
  • A general power of attorney ends if you become incapacitated unless you make it "durable," which requires specific language that Pennsylvania law recognizes.
  • Your agent can begin using the document when ready after notarization, but banks and other institutions may ask to see it and may refuse to honor an old or unclear version.
  • You can revoke a power of attorney at any time by destroying the original, notifying your agent in writing, and telling any institution that has been using it.

Using a Form vs. Writing Your Own Document

The Pennsylvania Bar Association publishes a standard form for a durable financial power of attorney that meets state law. You can read it free from the Pennsylvania Bar Association website. The form includes all the language Pennsylvania requires and is recognized by most banks and institutions. Many people use this form because it is straightforward and reduces the risk of a bank or financial institution refusing to honor it.

You can also write your own power of attorney document if you understand Pennsylvania law. Your document must state that you are of sound mind, name your agent clearly, describe what powers you are giving them, and include the exact phrase "This power of attorney shall not be affected by the principal's subsequent incapacity" if you want it to survive your incapacity (this is called a durable power of attorney). If you leave out that language, the document becomes void if you become unable to make decisions.

If your situation is complex—for example, you own a business, have significant assets in multiple states, or want to place conditions on your agent's authority—a lawyer can draft a document tailored to your needs. An attorney typically charges between $300 and $1,000 for a power of attorney, depending on complexity.

The Notarization Requirement

Pennsylvania law requires that you sign your power of attorney in front of a notary public. The notary does not verify that you understand the document or that you are making a free choice—they only confirm your identity and witness your signature. You can find a notary at most banks, law offices, UPS stores, and some pharmacies. Many charge $5 to $15 per signature.

When you meet the notary, bring a photo ID. Sign the document in front of them, and they will add their seal and signature. Your agent does not need to be present, but some institutions ask to see the agent's signature on the document as well. If your form includes a line for the agent to sign, have them sign it in front of the same notary or a different one—either way works.

Keep the original signed and notarized document in a safe place. Make several copies. Banks and institutions often ask to see the original or a certified copy, so do not give away your only version. You can ask the notary to make certified copies for a small fee, or you can have a lawyer certify copies later.

What Powers You Can Give Your Agent

A general power of attorney in Pennsylvania can give your agent authority to handle bank accounts, sell property, manage investments, pay bills, file taxes, and conduct business on your behalf. You can grant all of these powers or only some. The document should list each power clearly so your agent and any institution they deal with understand exactly what they can do.

Common powers include: access to bank accounts and safe deposit boxes; authority to buy, sell, or refinance real estate; power to manage stocks, bonds, and other investments; ability to file and sign tax returns; authority to make gifts; and power to hire professionals like accountants or lawyers on your behalf. You can also grant "springing" authority—for example, your agent can only act if a doctor certifies that you are incapacitated—though this is less common and can create delays.

A healthcare power of attorney is separate and covers only medical decisions. It lets your agent consent to or refuse medical treatment, choose your healthcare providers, and access your medical records. You can create both a financial and a healthcare power of attorney, and they can name the same person or different people.

When Your Power of Attorney Becomes Valid and When It Ends

Your power of attorney becomes valid the moment you sign it in front of the notary. Your agent can begin using it when ready. However, many banks and institutions will not honor an old document—some refuse anything more than a few years old, and some have their own forms they want you to use instead. If your agent tries to use a power of attorney and a bank refuses, the bank is not breaking the law; they are exercising their right to set their own standards.

A general power of attorney ends automatically if you become incapacitated, unless you made it durable. A durable power of attorney survives your incapacity and remains valid until you die or revoke it. This is why the phrase "This power of attorney shall not be affected by the principal's subsequent incapacity" matters—without it, your agent loses authority the moment you lose the ability to make decisions, which defeats the purpose for most people.

Your power of attorney also ends when you die. Your agent has no authority after your death; at that point, your will or the laws of intestacy govern who handles your estate. If you want someone to manage your affairs after you die, you need a will or a trust, not a power of attorney.

Revoking or Changing Your Power of Attorney

You can revoke a power of attorney at any time as long as you are mentally capable of making that decision. The simplest way is to destroy the original document. You should also write a letter to your agent stating that you revoke the power of attorney, keep a copy, and send the original to your agent. If banks or other institutions have been using the document, notify them in writing that it is no longer valid.

If you want to change the powers you granted but keep the same agent, you can create a new power of attorney that supersedes the old one. Write it the same way as the first—sign it, have it notarized, and distribute copies. Make clear in the new document that it revokes any previous power of attorney. Keep the old document in case someone asks about it, but the new one takes precedence.

Pennsylvania law does not require you to file a revocation with any office. However, if your agent has been using the document widely—for example, with multiple banks or investment firms—you may want to send written notice to each institution. Some institutions will ask for proof of revocation before they stop honoring the old document.

What Happens If Your Agent Dies or Cannot Serve

If your agent dies or becomes unable or unwilling to serve, your power of attorney does not automatically end. Instead, the authority passes to any alternate agent you named in the document. If you did not name an alternate, the document becomes useless—no one can act on your behalf under it, and you will need to create a new power of attorney naming someone else.

This is why naming at least one alternate agent is a good idea. You can name two or three alternates in order of preference. For example, you might name your spouse as your first agent, your adult child as the first alternate, and a trusted friend as the second alternate. If your spouse cannot serve, your child steps in; if your child cannot serve, your friend steps in.

If you realize your agent is not handling things well or is acting against your interests, you can revoke the power of attorney and create a new one with a different agent. You do not need permission from anyone to do this—it is your document and your choice.

Frequently Asked Questions

Do I need a lawyer to create a power of attorney in Pennsylvania?

No. You can use the Pennsylvania Bar Association form, have it notarized, and it will be valid. A lawyer is helpful if your situation is complex or if you want to make sure the document covers all your concerns, but it is not required by law.

Can I make a power of attorney durable if I use the Pennsylvania Bar Association form?

Yes. The Pennsylvania Bar Association form includes the language needed to make it durable. If you write your own document, include the phrase "This power of attorney shall not be affected by the principal's subsequent incapacity" to make it durable.

What if a bank refuses to honor my power of attorney?

Banks have the right to refuse a power of attorney they believe is unclear, outdated, or does not meet their standards. If this happens, ask the bank what they need—they may want a certified copy, a newer document, or their own form. If the bank continues to refuse, you may need to speak with a lawyer about your options.

Can my agent use the power of attorney after I die?

No. A power of attorney ends at death. Your agent has no authority to act on your behalf after you pass away. Your will or the laws of intestacy determine who handles your estate.

Can I name two people as co-agents?

Yes. Pennsylvania allows you to name multiple agents. Unless you state otherwise in the document, they must act together—both must sign and agree on decisions. You can also write that they can act separately if you prefer.