The Basic Steps to Create a Power of Attorney in Pennsylvania
To create a power of attorney in Pennsylvania, you write a document naming someone to act on your behalf, sign it in front of a notary public, and keep it somewhere safe. You do not file it with any government office or court unless you are creating a power of attorney for real estate, which requires recording at your county recorder of deeds. The document itself is what gives your chosen person—called your agent or attorney-in-fact—the legal power to act for you.
Pennsylvania law allows you to create a power of attorney as long as you are at least 18 years old and mentally capable of understanding what you are doing. You can create one for financial matters, healthcare decisions, or both. The document takes effect when ready when you sign it, unless you specify a later date, and it ends when you die, revoke it, or become incapacitated—unless you create a durable power of attorney, which continues even if you become unable to make decisions yourself.
Key Takeaways
- You must sign your power of attorney in front of a notary public; Pennsylvania does not require witnesses, but adding them provides extra proof that you signed willingly.
- A durable power of attorney stays in effect if you become incapacitated, while a regular power of attorney ends if you lose mental capacity.
- Powers of attorney for real estate must be recorded at your county recorder of deeds office to be valid; financial and healthcare powers of attorney do not require recording.
- You can create a power of attorney using a template, a lawyer, or Pennsylvania's statutory form, and the cost ranges from free to several hundred dollars depending on your choice.
- Your agent can begin using the power of attorney as soon as you sign it, but banks and other institutions may ask to see the original document or a certified copy.
Choosing Between a Durable and Non-Durable Power of Attorney
The most important choice you make is whether to create a durable or non-durable power of attorney. A non-durable power of attorney ends automatically if you become mentally incapacitated—meaning you can no longer understand what is happening or make decisions. A durable power of attorney continues even after you lose capacity, which is why most people choose durable. If you do not use the word "durable" in your document, Pennsylvania law assumes it is non-durable.
To make your power of attorney durable, you must include specific language stating that it survives your incapacity. The simplest way is to write: "This power of attorney shall not be affected by the principal's subsequent incapacity." If you use a template or statutory form, the durable language is usually already there—you just need to make sure you do not cross it out.
A non-durable power of attorney is useful only if you need someone to handle a specific task while you are still able to make decisions—for example, signing documents while you are out of the country. For most people planning ahead, durable is the right choice because it protects you if you have a stroke, develop dementia, or become unable to manage your affairs for any reason.
What Powers You Can Grant to Your Agent
Pennsylvania law lets you grant your agent broad powers or narrow ones, depending on what you need. You can allow your agent to handle all your financial matters—selling property, managing bank accounts, paying bills, filing taxes, managing investments—or you can limit the power to one specific task, like selling a particular piece of real estate or accessing a specific bank account.
For healthcare decisions, you create a separate document called a healthcare power of attorney (sometimes called a healthcare proxy). This lets your agent make medical decisions for you if you cannot—choosing doctors, approving surgery, deciding about life support. Pennsylvania has a statutory form for healthcare powers of attorney that you can use for free.
You can also grant HIPAA authorization in your power of attorney, which allows your agent to see your medical records and talk to your doctors. Without this, your agent may not be able to get information about your health even if they have the power to make medical decisions.
How to Sign and Notarize Your Power of Attorney
Pennsylvania requires your signature to be notarized—meaning a notary public must watch you sign and verify your identity. You cannot have your spouse, your agent, or anyone who stands to benefit from the document serve as the notary. You can find a notary at most banks, law offices, UPS stores, and some pharmacies. The notary fee is usually between $5 and $15 per signature.
When you go to the notary, bring a photo ID and the unsigned power of attorney document. Sign it in front of the notary, and they will add their seal and signature. Keep the original signed document—do not just keep a photocopy. If you need to show the power of attorney to a bank or other institution, they may ask for the original or a certified copy made by a notary or lawyer.
Pennsylvania law does not require witnesses, but adding them is optional and can be helpful. If you add witnesses, they should not be your agent, your spouse, or anyone who benefits from your estate. Having witnesses does not replace the notary requirement—you still need notarization.
Recording a Power of Attorney for Real Estate
If your power of attorney gives your agent the power to buy, sell, or mortgage real estate in Pennsylvania, you must record it at your county recorder of deeds office. Recording means filing a copy with the county so that the document becomes part of the public record for that property. Without recording, your agent cannot legally transfer real estate on your behalf.
To record your power of attorney, take the original signed and notarized document to your county recorder of deeds office in person or by mail. Include a cover sheet with your name, address, and the name of your agent. The recorder will charge a filing fee, which varies by county but is usually between $25 and $50. Ask the recorder how long recording takes—it can range from same-day to several weeks depending on the county's workload.
You do not need to record a power of attorney for financial matters like bank accounts or investments, and you do not record a healthcare power of attorney. Recording is only required for real estate transactions.
Using a Template, Statutory Form, or Lawyer
You have three main options for creating your power of attorney: use Pennsylvania's statutory form (free), use a template from a legal website, or hire a lawyer. Pennsylvania's statutory form for financial power of attorney is available from the Pennsylvania Bar Association website at no cost. The form includes all the language required by state law and space for you to fill in your name, your agent's name, and the powers you want to grant.
Templates from legal websites like LegalZoom or Nolo cost between $20 and $100 and are usually customizable. These templates are designed to meet Pennsylvania requirements, but you should read them carefully to make sure they match what you want. If you use a template, you still need to have it notarized.
Hiring a lawyer costs more—typically $200 to $500 for a straightforward power of attorney—but a lawyer can answer questions about what powers you need, make sure the document is tailored to your situation, and sometimes provide a certified copy. If your finances are complex or you are unsure what powers to grant, a lawyer's time may be worth the cost.
What Happens After You Sign
Once you sign and notarize your power of attorney, it is when ready valid and your agent can begin using it. You do not need to file it anywhere unless it covers real estate. Keep the original in a safe place—a safe deposit box, home safe, or with your lawyer—and give your agent a copy so they know where to find it if they need to use it.
Tell your agent what powers you have given them and where the document is located. If you have a healthcare power of attorney, give a copy to your doctor and to the hospitals where you receive care. Banks and other institutions may ask to see the original document or a certified copy before your agent can act on your behalf, so your agent should know how to get a copy quickly.
You can revoke your power of attorney at any time by writing a revocation letter, signing it, and notarizing it. Give copies of the revocation to your agent and to any institution that has a copy of the power of attorney. If your power of attorney covers real estate that was recorded, you should also record the revocation at the county recorder of deeds office.
Frequently Asked Questions
Can I create a power of attorney without a lawyer?
Yes. You can use Pennsylvania's free statutory form from the Pennsylvania Bar Association or a template from a legal website. You must still have it notarized, but you do not need a lawyer to create a valid power of attorney. A lawyer is helpful if your situation is complex or you are unsure what powers to grant, but it is not required.
What is the difference between a power of attorney and a healthcare power of attorney?
A power of attorney covers financial and legal matters—managing money, selling property, paying bills. A healthcare power of attorney covers medical decisions only—choosing doctors, approving treatment, deciding about life support. You can create both documents, and they are separate.
Does my agent have to be a family member?
No. Your agent can be anyone you trust—a family member, friend, or professional like a lawyer or accountant. Your agent should be someone reliable who understands your wishes and is willing to act in your best interest. You can name more than one agent, but they must act together unless you say otherwise.
What happens to my power of attorney when I die?
Your power of attorney ends when you die. Your agent no longer has any authority to act on your behalf. If your estate needs to be managed after your death, that is handled through your will or by a court-appointed executor, not by your agent under the power of attorney.
Can a bank refuse to accept my power of attorney?
A bank can ask to see the original document or a certified copy and can verify that it is valid and has not been revoked. Some banks have their own power of attorney forms they prefer you to use. If a bank refuses to accept your valid Pennsylvania power of attorney without good reason, you can contact the Pennsylvania Department of Banking and Securities to file a complaint.