The Basic Steps to Create a Power of Attorney in Pennsylvania

To create a power of attorney in Pennsylvania, you sign a document that names someone to act on your behalf, have it notarized, and keep it somewhere safe. You do not need a lawyer, though many people use one. The document itself is a form you can fill out by hand or type, but it must follow Pennsylvania law or banks and hospitals may refuse to honor it.

Pennsylvania recognizes three main types: a general power of attorney (covers most financial decisions), a limited power of attorney (covers only specific tasks), and a healthcare power of attorney (covers medical decisions only). Each type uses a different form and has different rules about when it takes effect and what happens if you become unable to make decisions.

The person you name is called your agent or attorney-in-fact. They do not have to be a lawyer. They can be a family member, friend, or professional fiduciary. Pennsylvania law requires your agent to act in your best interest and to keep records of what they do with your money or property.

Key Takeaways

  • Pennsylvania law allows you to create a power of attorney without a lawyer by using the correct state form and having it notarized.
  • A general power of attorney takes effect when ready unless you write that it should only take effect if you become unable to make decisions (called a "springing" power of attorney).
  • A healthcare power of attorney is a separate document that only covers medical decisions and does not require notarization in Pennsylvania.
  • Your agent must be at least 18 years old and cannot be your healthcare provider unless they are a family member.
  • You can revoke a power of attorney at any time as long as you are mentally able to do so, and you should notify your agent and any institutions in writing.

Which Type of Power of Attorney You Need

A general power of attorney gives your agent the power to handle bank accounts, sell property, pay bills, file taxes, and manage investments. It is the broadest type. In Pennsylvania, a general power of attorney takes effect the moment you sign it unless you specifically state that it should only take effect if you become incapacitated (called a "durable" or "springing" power of attorney). Many people choose the springing version so their agent cannot act until they are unable to act themselves.

A limited power of attorney restricts your agent to specific tasks. For example, you might give someone power to sell one piece of property, handle a specific bank account, or manage your business while you are traveling. You write exactly what your agent can and cannot do. This is useful if you want someone to handle one task without giving them broad financial control.

A healthcare power of attorney is separate from financial powers of attorney. It lets you name someone to make medical decisions for you if you cannot. In Pennsylvania, this document does not require notarization, but it must be signed and dated. You can also create a living will at the same time, which states what kind of medical care you do or do not want if you are dying and cannot communicate.

Getting the Right Forms and Understanding Pennsylvania Requirements

Pennsylvania does not have an official state form for a general power of attorney, but the state does provide a statutory form that banks and institutions are more likely to accept without question. You can read this form from the Pennsylvania Bar Association website or from legal document services. The form includes spaces for your name, your agent's name, the date, and your signature.

For a healthcare power of attorney, Pennsylvania provides a statutory form on the Pennsylvania Department of Health website. This form is shorter and simpler than a financial power of attorney. It asks you to name your agent, list any restrictions on their power, and sign and date the document.

Both documents must be signed by you in front of a notary public. The notary verifies your identity and watches you sign. A notary is available at most banks, law offices, and some pharmacies and shipping stores. The cost is usually between $5 and $15 per signature. You do not need witnesses for a general power of attorney in Pennsylvania, though some people add them anyway for extra proof that you signed willingly.

Choosing Your Agent and What They Can Do

Your agent must be at least 18 years old and of sound mind. They can be a spouse, adult child, sibling, friend, or professional fiduciary (someone paid to manage finances or medical decisions). Many people name a family member because they trust them and know they will act in the person's best interest.

You can name more than one agent. If you name two or more, you can say they must act together (called "jointly") or that each can act alone. Acting jointly means both must agree before any decision is made, which slows things down but adds a check against misuse. Acting separately means either agent can act without the other's permission, which is faster but riskier if one agent is dishonest.

Pennsylvania law requires your agent to act in your best interest, keep your money separate from their own, keep records of what they spend, and tell you (or your family) what they are doing if you ask. If your agent breaks these rules, you or your family can sue them. You can also fire your agent at any time by revoking the power of attorney in writing.

The Notarization Process and What Comes Next

Once you have filled out the form, you take it to a notary public along with a photo ID. The notary will ask you to sign the document in front of them and may ask you questions to confirm you understand what you are signing and that you are signing of your own free will. The notary then signs and stamps the document. This usually takes 10 to 15 minutes.

After notarization, make several copies. Keep the original in a safe place—a home safe, safe deposit box, or with your lawyer. Give copies to your agent, your bank, your doctor's office, and anyone else who might need to see it. Some institutions will ask for a certified copy (a copy stamped by the notary or a court), so ask your notary if they can provide those.

You do not have to file a power of attorney with any court or government office in Pennsylvania unless you want a court to declare you incapacitated later. If you create a springing power of attorney (one that only takes effect if you become unable to make decisions), you may want to tell your doctor or a trusted family member where the document is kept so they can help your agent use it if needed.

Revoking or Changing Your Power of Attorney

You can revoke (cancel) a power of attorney at any time as long as you are mentally able to understand what you are doing. To revoke, write a letter or sign a revocation form stating that you are canceling the power of attorney, date and sign it, have it notarized, and send copies to your agent and to any bank, hospital, or other institution that has a copy of the original document.

If you want to change the power of attorney instead of canceling it completely—for example, to add or remove powers, name a different agent, or change when it takes effect—you can create a new power of attorney. The new one should state that it revokes the old one. Keep the old document for your records, but make clear which one is current.

If you become unable to make decisions and did not create a power of attorney, your family will have to ask a court to appoint a guardian or conservator. This is more expensive, takes longer, and gives the court control over the decision instead of you. Creating a power of attorney while you are able to do so lets you choose who will act for you.

Common Mistakes to Avoid

The most common mistake is not having the document notarized. Without a notary's signature and stamp, banks and hospitals may refuse to honor the power of attorney, and you will have to go to court to prove it is real. Always use a notary.

Another mistake is not giving copies to the people and institutions that need them. Your agent cannot use the power of attorney if your bank has never seen it. Give copies to your bank, investment firm, insurance company, doctor, and anyone else who might need to see it before your agent tries to act.

A third mistake is naming an agent who is unwilling or unable to do the job. Talk to the person you want to name before you sign the document. Make sure they understand what you are asking them to do and that they are willing to do it. If your agent dies or becomes unable to act, your power of attorney may become useless.

Finally, do not assume a general power of attorney covers healthcare decisions. In Pennsylvania, financial and healthcare powers of attorney are separate. If you want someone to make medical decisions for you, you must create a separate healthcare power of attorney document.

Frequently Asked Questions

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

No. You can create a power of attorney yourself using the statutory form, a blank form from a legal document service, or a form from a book or website. However, a lawyer can help if your situation is complicated—for example, if you own a business, have a large estate, or want to set up a springing power of attorney with specific conditions.

What is the difference between a durable and a springing power of attorney?

A durable power of attorney takes effect when ready and stays in effect even if you become unable to make decisions. A springing power of attorney only takes effect if you become incapacitated. In Pennsylvania, you create a springing power of attorney by writing in the document that it should only take effect "upon my incapacity" or "if I become unable to make decisions."

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

No. A power of attorney ends when you die. After death, your will or the laws of intestacy (if you have no will) determine who controls your property. Your agent's job ends at that moment. If you want someone to handle your estate after you die, you need a will or a trust, not a power of attorney.

What happens if I lose the original power of attorney document?

You can create a new one. If you have already given copies to your bank or other institutions, contact them and ask if they will accept a new notarized copy. If not, you may need to ask a court to declare the original lost and issue a certified copy, though this is rare.

Can I create a power of attorney if I am on a fixed income or have little money?

Yes. The amount of money you have does not affect your right to create a power of attorney. The only cost is the notary fee, which is usually $5 to $15. If you cannot afford a notary, some legal aid offices and libraries offer free notary services.