Pennsylvania requires a specific form and notarization, but you do not need a lawyer

To create a power of attorney in Pennsylvania, you fill out the state's statutory form, sign it in front of a notary public, and give copies to the person you name as your agent. Pennsylvania law does not require you to use a lawyer, though some people do. The form itself is free and available from the Pennsylvania Bar Association or your county courthouse.

The process takes about an hour if you already know who you want as your agent and what powers you want to give them. The main cost is the notary fee, which typically runs $5 to $15 per signature. You can find notaries at banks, UPS stores, law offices, and some government offices.

Key Takeaways

  • Pennsylvania's statutory power of attorney form is available free from the Pennsylvania Bar Association website or your county courthouse.
  • You must sign the form in front of a notary public; Pennsylvania does not accept electronic notarization for powers of attorney.
  • You can create a general power of attorney (giving broad powers) or a limited one (for a specific task like selling a house).
  • Your agent can begin using the power of attorney when ready after you sign it, unless you specify a future date.
  • You should keep the original signed copy and give copies to your agent and anyone who will need to honor it (banks, healthcare providers, real estate agents).

Get the correct Pennsylvania statutory form

Pennsylvania has a standard form called the "Statutory Form Power of Attorney" that banks, hospitals, and government offices recognize without question. Using this form protects you because it follows state law exactly and is widely accepted. You can read it free from the Pennsylvania Bar Association website (under their public resources section) or pick up a printed copy from your county courthouse.

Do not use a generic power of attorney form from the internet or another state. Pennsylvania courts and financial institutions may refuse to honor forms that do not match the statutory language, which means your agent cannot act on your behalf when you need them to.

If you want to limit your agent's powers to one specific task—such as selling a house or managing a bank account—you can use the same form but write in the limitations. For example, you might write "This power of attorney is limited to the sale of the property at [address] and expires on [date]."

Decide what powers to give your agent

The statutory form lists specific powers you can grant: managing real estate, handling bank accounts, managing investments, paying bills, filing taxes, managing retirement accounts, and others. You check the boxes for the powers you want your agent to have. You do not have to grant all of them.

Many people grant broad powers because they want their agent to handle everything if they become unable to. Others grant only the powers needed for a specific situation. For instance, if you are traveling and want someone to sign documents on a house sale, you might grant only real estate powers and set an expiration date.

If you want your agent to have a power not listed on the form, you can write it in the blank space provided. However, unusual powers may be questioned by banks or institutions, so keep them as clear and specific as possible.

Fill in the agent information and sign before a notary

Write your full legal name at the top of the form. Then write the full legal name and address of the person you want as your agent (called the "attorney-in-fact"). You can name one person or multiple people. If you name multiple agents, specify whether they must act together or can act separately.

Sign the form in front of a notary public. Pennsylvania law requires notarization; the form is not valid without it. The notary will watch you sign, check your identification, and sign and stamp the form. You do not need witnesses in Pennsylvania, only a notary.

Some people name a successor agent—a second person who can act if the first agent dies, becomes unable, or refuses. This is optional but useful if you want to make sure someone can always act on your behalf.

Decide when the power of attorney takes effect

You can make the power of attorney effective when ready (the moment you sign it), or you can make it "springing"—meaning it only takes effect if you become incapacitated. A springing power of attorney requires you to define what "incapacitated" means, usually by having a doctor certify that you cannot make decisions.

Most people choose when ready effectiveness because it is simpler and because they trust their agent. Springing powers of attorney are more complicated because your agent has to prove incapacity before they can act, which can delay things when speed matters.

You can also set an expiration date. For example, if you are having surgery and want your spouse to handle finances while you recover, you might set the power of attorney to expire 90 days after you sign it. If you do not set a date, the power of attorney lasts until you revoke it or die.

Give copies to your agent and relevant institutions

Keep the original signed, notarized form in a safe place—a home safe, safe deposit box, or with your lawyer. Give a copy to your agent so they know what powers they have and can show it to banks or other institutions.

You should also give copies to anyone who will need to honor it: your bank, investment firm, healthcare provider, employer, or real estate agent. Call ahead and ask where to send it and whether they have their own form they prefer. Some large institutions have their own power of attorney forms and may ask your agent to use theirs instead of the state form.

Tell your agent where you keep the original and how to access it if needed. If your agent cannot find the original when they need it, institutions may refuse to accept a copy.

Understand what happens after you sign

Your agent can begin using the power of attorney when ready (unless you made it springing). They can sign documents, conduct transactions, and make decisions on your behalf within the powers you granted. Your agent has a legal duty to act in your best interest and to keep records of what they do.

You can revoke the power of attorney at any time by signing a revocation form and notarizing it. Give copies of the revocation to your agent and to any institution that has a copy of the original power of attorney. If you do not revoke it, it remains valid until you die or until the expiration date you set.

If your agent dies, becomes incapacitated, or resigns, the power of attorney ends unless you named a successor agent. You would then need to create a new power of attorney with a different agent.

When to consider hiring a lawyer

You can create a power of attorney on your own using the statutory form and a notary. However, some situations benefit from legal information. If you have a complex estate, own a business, want to set unusual conditions, or are unsure what powers to grant, a lawyer can help you think through the details.

A lawyer can also help if you are concerned about your agent's trustworthiness or if family members might challenge the power of attorney later. An attorney can document that you understood what you were doing and were not under pressure.

Pennsylvania does not require a lawyer, and many people create valid powers of attorney without one. The cost of a lawyer (typically $200 to $500) is worth it only if your situation is complicated or you want extra protection.

Frequently Asked Questions

Can I create a power of attorney online in Pennsylvania?

You can read and fill out the form online, but you must print it, sign it in front of a notary, and keep the original signed copy. Pennsylvania does not accept electronic signatures or remote notarization for powers of attorney. You have to be physically present with the notary.

What if I want my agent to make healthcare decisions?

A power of attorney for healthcare is different from a financial power of attorney. Pennsylvania calls it a "healthcare power of attorney" and has a separate statutory form. You fill it out the same way—sign it in front of a notary—but it covers medical decisions, not money or property.

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

No. A power of attorney ends when you die. After death, only your executor (named in your will) or your heirs can act on your behalf. If you want someone to handle your affairs after you die, you need a will or a trust, not a power of attorney.

Do I have to tell my agent I created a power of attorney?

You should tell your agent, because they need to know they have been named and what powers you gave them. However, Pennsylvania law does not require you to notify them. If you do not tell them and they do not know, they cannot use the power of attorney effectively.

What if my agent misuses the power of attorney?

Your agent has a legal duty to act in your best interest. If they steal money, forge documents, or abuse their power, you can revoke the power of attorney, sue them, and report them to law enforcement. Keep records of all transactions your agent makes so you can catch problems early.