Pennsylvania Power of Attorney
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Pennsylvania Legal Requirements
Key PA statutes and obligations that apply to your power of attorney.
Requirements
- Pennsylvania Power of Attorney Act (20 Pa. C.S. §§ 5601 et seq.) governs
- Must be signed by principal before a notary public AND two adult witnesses
- Principal must sign a 'Notice to Principal' before execution
- Agent must sign 'Acknowledgment by Agent' before acting
- Third parties (banks) must accept a properly executed PA POA
Restrictions & Limits
- Witnesses cannot be: the notary, the agent, the agent's relatives, or anyone named in the POA
- Healthcare decisions require a separate PA Healthcare Power of Attorney
- Real estate transactions: POA must be recorded with county recorder of deeds
Official Statute References
Primary Pennsylvania statutes governing this document type.
Pennsylvania Power of Attorney FAQ
Common questions about power of attorneys under Pennsylvania law.
What are the execution requirements for a Pennsylvania power of attorney?
Pennsylvania has strict execution requirements: (1) the principal must sign before a notary, (2) two adult witnesses must also sign (who cannot be the notary, the agent, or the agent's relatives), (3) the principal must receive a statutory 'Notice to Principal' before signing, and (4) the agent must sign an 'Acknowledgment' before exercising any authority.
What is the Pennsylvania 'Notice to Principal' requirement?
Pennsylvania law requires that before signing a POA, the principal must receive a statutory written notice explaining the importance and risks of the document. This notice must be signed by the principal and attached to the POA. Its purpose is to prevent undue influence and ensure informed consent.
Can a Pennsylvania POA be used for real estate transactions?
Yes, but the POA must expressly grant real estate authority and must be recorded with the Recorder of Deeds in the county where the property is located before it can be used to convey or mortgage real property.
Does a Pennsylvania POA survive incapacity?
Only if it includes the durability clause required by 20 Pa. C.S. § 5604(b): 'This power of attorney shall not be affected by subsequent disability or incapacity of the principal.' Without this language, the POA terminates automatically upon the principal's incapacity.
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Power of Attorney by State
Laws vary significantly by state. Find the right form for your location.
Disclaimer: LegalLawDocs.com provides self-help legal documents for informational purposes only. The documents and information on this site do not constitute legal advice and are not a substitute for consultation with a licensed attorney. Laws vary by state and change frequently — review your document with a qualified professional before relying on it.