The Basic Steps to Create a Power of Attorney in Pennsylvania

In Pennsylvania, you create a power of attorney by signing a document that names someone to act on your behalf. You do not need a lawyer, though many people use one. The document must be signed in front of a notary public — that is the only requirement the state enforces. You can write the document yourself, use a template, or have an attorney draft it. Once it is notarized, it is valid when ready unless you specify a later date.

The person you name is called your agent or attorney-in-fact. They can handle bank accounts, real estate, taxes, and medical decisions depending on what powers you give them in the document. Pennsylvania recognizes two main types: a general power of attorney that covers broad financial matters, and a healthcare power of attorney that covers only medical decisions. You can also create a limited power of attorney for a single task, like selling a specific property.

The document does not have to be filed with any court or government office. You keep the original, give a copy to your agent, and may give copies to banks or other institutions that need to see it. Some institutions have their own power of attorney forms they prefer — banks often do — so ask before you finalize yours.

Key Takeaways

  • A power of attorney in Pennsylvania requires only your signature and a notary's seal; you do not need court approval or a lawyer.
  • You can write the document yourself using a template, buy a form online, or hire an attorney to draft it for you.
  • The document becomes valid as soon as it is notarized unless you write in a future date when it should take effect.
  • Banks and other institutions may ask you to use their own power of attorney form instead of yours, so check with them before finalizing.
  • A healthcare power of attorney and a financial power of attorney are separate documents in Pennsylvania and must both be signed if you want both types of authority.

Where to Get a Power of Attorney Form

You have three main routes: write one yourself, use a template, or hire a lawyer. If you write it yourself, Pennsylvania law requires only that you name an agent, describe the powers you are giving them, sign it, and have it notarized. Many people use templates from legal websites like LegalZoom, Nolo, or Rocket Lawyer, which cost between $10 and $50 and come with instructions. These templates are designed for Pennsylvania and include language the state recognizes.

If you use a template, read it carefully and cross out or add language to match what you actually want. For example, if the template gives your agent power over all your bank accounts but you only want them to handle one, write in that limit. The more specific you are, the fewer questions banks and institutions will ask later.

Hiring a lawyer costs more — typically $200 to $500 for a straightforward power of attorney — but the lawyer will ask you questions about what you need, draft the document to fit your situation, and make sure it is valid. This route makes sense if your finances are complex, if you own real estate in multiple states, or if you are unsure what powers to grant. You can find Pennsylvania attorneys through the Pennsylvania Bar Association's lawyer referral service or through local legal aid offices if cost is a concern.

How to Get Your Document Notarized

Once you have a power of attorney document, you need a notary public to witness your signature and seal the document. Notaries are available at banks, credit unions, law offices, UPS stores, and some pharmacies. Call ahead to confirm they notarize power of attorney documents and ask about their fee, which is usually $5 to $15. Bring a photo ID — the notary will check it before witnessing your signature.

You must sign the document in front of the notary. They cannot notarize a document you signed earlier. Some notaries will also notarize a copy of the original if you need multiple copies, though a few institutions prefer to see the original. Ask the notary whether the copies they notarize will be accepted by banks and other institutions, since practices vary.

If you cannot leave home, some notaries offer mobile services and will come to you for an additional fee. You can also ask your lawyer, if you hired one, to notarize the document as part of their service.

What Powers to Include in Your Document

Pennsylvania law lets you grant as much or as little power as you want. A general financial power of attorney typically includes authority to manage bank accounts, pay bills, sell property, handle investments, and file taxes. A healthcare power of attorney gives your agent the right to make medical decisions if you cannot, including decisions about surgery, medication, and end-of-life care.

You do not have to grant all powers. You can create a limited power of attorney for a single task — for example, authorizing your agent to sell one piece of real estate while you are out of the country. You can also make the power conditional, such as "this power of attorney takes effect only if I am declared incapacitated by a doctor."

Think carefully about what your agent actually needs to do. If you are creating this document because you are going out of the country for three months, your agent may only need to pay bills and access your bank account. If you are creating it because you are aging and want someone to manage your affairs if you become unable to, you may want broader powers. Write down what tasks you expect your agent to handle, then make sure the document covers those tasks and no more.

Choosing Your Agent and What They Can Do

Your agent can be a family member, a trusted friend, or a professional like a lawyer or accountant. They do not have to live in Pennsylvania. They do not need your permission to accept the role — you straightforward name them in the document — but it is wise to tell them first and make sure they are willing to take on the responsibility.

Your agent has a legal duty to act in your best interest and to keep your money and property separate from their own. If they misuse your money or property, you can sue them, and so can your heirs after you die. For this reason, choose someone you trust completely. If you are unsure about any family member, consider naming a professional fiduciary — someone licensed by the state to manage money for others — instead.

You can name more than one agent, but Pennsylvania requires them to act together unless you write that they can act separately. Naming two agents slows decisions down because both must agree. Most people name one agent and a backup agent who takes over if the first agent dies or becomes unable to serve.

When Your Power of Attorney Ends

A financial power of attorney ends when you die. Your agent cannot use it after your death, even to pay final bills — your executor or heirs must handle that. A healthcare power of attorney also ends at death, though your agent may be able to donate your organs or authorize an autopsy if you have not already specified your wishes in a separate document.

You can end a power of attorney at any time by signing a revocation document and notarizing it. Give 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, your agent keeps the power until you die.

Some people create a "springing" power of attorney that does not take effect until a specific event — usually a doctor's declaration that you are incapacitated. This means your agent has no power unless and until that event happens. Springing powers of attorney are more complicated to draft and can cause delays when they need to take effect, so many attorneys recommend against them.

Special Rules for Real Estate and Bank Accounts

If your power of attorney includes the right to sell real estate, Pennsylvania requires the document to specifically say so. A general power of attorney that does not mention real estate is not enough. Write language like "my agent may sell, lease, or mortgage any real property I own" if that is what you want.

Banks often have their own power of attorney forms and may refuse to honor yours even if it is valid under Pennsylvania law. Call your bank and ask what form they require. Some banks will accept your document if you bring it in and have a bank officer witness it again, while others insist on their own form. It is easier to use the bank's form than to fight them later when your agent needs access.

If you have accounts at multiple banks, you may need to sign a separate power of attorney for each one, or you may be able to use one document if it is specific enough. Ask each institution what they need before you finalize your document.

Frequently Asked Questions

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

No. You can write one yourself, use a template, or hire a lawyer. The only legal requirement is that you sign it and have it notarized. A lawyer is helpful if your situation is complex or if you are unsure what powers to grant, but it is not required.

Can I create a power of attorney online?

Yes. Websites like LegalZoom and Nolo let you answer questions and read a Pennsylvania power of attorney form. You then print it, sign it in front of a notary, and it is valid. These services cost $10 to $50 and are faster than hiring a lawyer, though they do not give you personalized information.

What happens if my agent dies or refuses to serve?

If you named a backup agent in your document, they take over. If you did not name a backup, your power of attorney becomes useless and you would need to create a new one with a new agent. This is why naming a backup agent is important.

Can I have a power of attorney for healthcare and finances at the same time?

Yes, but they are two separate documents in Pennsylvania. You sign a healthcare power of attorney for medical decisions and a financial power of attorney for money and property. You can name the same person as your agent for both, or different people.

Does my power of attorney work in other states?

Most states honor a Pennsylvania power of attorney, but some have their own rules. If your agent will need to act in another state — for example, to sell property you own there — ask a lawyer in that state whether your Pennsylvania document will work or whether you need a separate one.