Pennsylvania Power of Attorney Laws: Durable, Medical, and Financial POA (2026)

Pennsylvania governs powers of attorney through its own statute at 20 Pa. C.S. ch. 56, not the Uniform Power of Attorney Act adopted by many other states. Act 95 of 2014 significantly tightened the execution rules: any power of attorney signed on or after January 1, 2015 must be dated, signed by the principal, acknowledged before a notary public, witnessed by two adults, and must include a required statutory notice and a signed agent acknowledgment. Pennsylvania POAs are durable by default under 20 Pa. C.S. s. 5601.1. Health care decisions are handled through a completely separate document under 20 Pa. C.S. ch. 54.

What a Power of Attorney Does in Pennsylvania

A power of attorney is a written legal document in which a principal grants an agent authority to act on the principal's behalf. In Pennsylvania, the scope, duration, and limits of that authority are all controlled by 20 Pa. C.S. ch. 56.

The principal sets the boundaries of the agent's power. A general POA can cover a broad range of financial and legal matters: managing bank accounts, handling real estate, filing taxes, operating a business, or pursuing litigation. A limited POA can restrict the agent to a single transaction or a defined category of actions.

Once the agent accepts appointment, the relationship is fiduciary. The agent must act for the principal's benefit, not the agent's own. Pennsylvania law imposes specific duties on agents and limits certain powers to situations where the principal has explicitly authorized them.

A POA does not transfer ownership of the principal's property to the agent. The agent acts on behalf of the principal and must account for all transactions. All authority under a financial POA ends at the principal's death, at which point the personal representative of the estate takes over.

Durable Power of Attorney in Pennsylvania

Under 20 Pa. C.S. s. 5601.1, all Pennsylvania powers of attorney are durable by default. This means a POA automatically survives the principal's subsequent incapacity and remains effective unless the document itself specifically states otherwise.

Durability is defined in 20 Pa. C.S. s. 5604, which provides that a durable power of attorney remains exercisable notwithstanding the principal's subsequent disability or incapacity. A principal who wants a non-durable POA that terminates upon incapacity must say so explicitly in the document.

Pennsylvania also permits springing POAs: a principal may draft a POA that takes effect only at a specified future time or upon the occurrence of a specified contingency, including incapacity. This is the reverse of states like Florida that prohibit springing arrangements.

The durability default makes Pennsylvania POAs a reliable tool for long-term planning. Because the document survives incapacity without any special language, a principal who creates a properly executed POA today can be confident that the agent will have authority to act if the principal later loses the ability to manage affairs independently.

A POA that is durable does not last indefinitely. It ends automatically when the principal dies, when revoked, when a court terminates the agent's authority, or when the purpose of the POA has been accomplished.

How to Create a Valid Pennsylvania Power of Attorney

20 Pa. C.S. s. 5601(b) sets the execution requirements for any POA signed on or after January 1, 2015. All six of the following elements are required:

1. Dated document. The POA must state the date it is signed.

2. Principal's signature. The principal must sign by signature or mark. If the principal is physically unable to sign, another individual may sign on behalf of and at the direction of the principal, but that person cannot also serve as a witness.

3. Notary acknowledgment. The principal's signature must be acknowledged before a notary public or another individual authorized by law to take acknowledgments. The notary cannot be the agent named in the document.

4. Two adult witnesses. Two witnesses, each at least 18 years old, must sign the document. A witness cannot be the agent, the person who signed on the principal's behalf, or the notary.

5. Required statutory notice. The document must include the statutory notice prescribed by s. 5601(c) in capital letters at the beginning. The notice warns the principal that the agent will have broad powers over property, that the principal should seek legal counsel, and that a court can remove the agent. The principal must sign the notice.

6. Agent acknowledgment. Before exercising any authority, the agent must sign an acknowledgment under s. 5601(d) stating that they will act in accordance with the principal's reasonable expectations and in good faith within the scope of authority granted.

Certain types of documents are exempt from the witness, notary, and notice requirements. These include commercial powers created in the ordinary course of business and, separately, health care decision-making powers. Health care POAs are governed entirely by ch. 54 and have their own execution rules.

Out-of-state POAs are valid in Pennsylvania if they complied with the law of the state where they were executed, or of the state identified in the document, under 20 Pa. C.S. s. 5611.

What a Pennsylvania Agent Can and Cannot Do

Agent Duties

Once an agent accepts authority under a Pennsylvania POA, 20 Pa. C.S. s. 5601.3 imposes a set of mandatory duties:

• Act consistent with the principal's reasonable expectations, to the extent actually known, and otherwise in the principal's best interest.
• Act in good faith and only within the scope of granted authority.
• Act loyally for the principal's benefit.
• Keep the principal's funds and property separate from the agent's own, except in limited circumstances such as pre-existing commingled accounts or spousal situations.
• Avoid conflicts of interest that would impair impartial decision-making on the principal's behalf.
• Exercise the care, competence, and diligence ordinarily exercised by agents in similar circumstances.
• Keep a record of all receipts, disbursements, and transactions made on the principal's behalf.
• Cooperate with any health care decision-maker the principal has appointed.
• Attempt to preserve the principal's estate plan where consistent with the principal's best interest.

An agent who acts in good faith and with appropriate care is protected from personal liability even if the principal's estate declines in value, as long as the agent did not breach a duty.

Hot Powers Requiring Express Grant

20 Pa. C.S. s. 5601.4 identifies nine categories of authority that an agent may exercise only if the POA document expressly grants that specific power. These are sometimes called "hot powers" because of their potential for abuse:

1. Creating, amending, revoking, or terminating an inter vivos trust.
2. Making gifts of the principal's property.
3. Creating or changing rights of survivorship.
4. Creating or changing beneficiary designations.
5. Delegating authority granted under the POA to another person.
6. Waiving the principal's right to be a beneficiary of a joint and survivor annuity or other survivor benefits.
7. Exercising fiduciary powers that the principal has the authority to delegate.
8. Disclaiming property, including powers of appointment.
9. Accessing the content of the principal's electronic communications.

An agent who is not an ancestor, spouse, or descendant of the principal faces additional restrictions: even with express authority, the agent cannot create interests in the principal's property for themselves or their own dependents beyond what the principal has explicitly authorized.

Gift authority is further limited: unless the POA expressly states otherwise, gifts are capped at the annual federal gift tax exclusion amount per recipient.

Third-Party Protections

A person or institution that accepts a POA in good faith and without actual knowledge of problems is protected from liability under 20 Pa. C.S. s. 5608. This includes reliance on the genuineness of signatures and on the agent's apparent authority. Third parties may request a certification from the agent or an opinion of counsel before complying, without further investigation.

Under 20 Pa. C.S. s. 5608.1, a person who wrongfully refuses to accept a valid POA may face civil liability for pecuniary harm to the principal and a court order requiring acceptance. Third parties must respond to a presented POA within seven business days and, after receiving any requested documentation, within five days.

Health Care Power of Attorney in Pennsylvania

A Pennsylvania financial POA does not authorize an agent to make health care decisions. Medical authority requires a completely separate document governed by 20 Pa. C.S. ch. 54, enacted in its current form by Act 169 of 2006.

An "advance health care directive" under ch. 54 can be a health care power of attorney, a living will, or a written combination of both. The relevant definitions are in 20 Pa. C.S. s. 5422. A health care power of attorney specifically designates a health care agent to make health care decisions on the principal's behalf.

What the health care agent can decide. Under 20 Pa. C.S. s. 5456, a health care agent has authority to make any health care decision the principal could have made. This includes selecting and discharging health care providers, approving or refusing diagnostic tests and procedures, directing the initiation or withdrawal of life-sustaining treatment, and arranging for admission to care facilities.

Execution requirements. Under 20 Pa. C.S. s. 5452, a health care POA must be dated and signed by the principal (or another individual at the principal's direction if the principal cannot sign), and witnessed by two adults. Notably, ch. 54 does not require notarization for a health care POA, in contrast to the notary requirement for financial POAs under ch. 56.

When the health care POA becomes operative. By default, a health care agent's authority activates when the attending physician determines the principal lacks the capacity to make health care decisions. The document may also grant the agent authority to act immediately without any incapacity finding.

Revocation. Under 20 Pa. C.S. s. 5459, a principal of sound mind may revoke a health care POA by signing a written revocation executed under s. 5452, or by personally informing the attending physician, health care provider, or health care agent of the revocation. Once an agent learns of revocation, the agent may no longer make health care decisions for the principal.

Divorce. Under 20 Pa. C.S. s. 5430, if a spouse is designated as a health care agent and either party files for divorce, the designation of that spouse as agent is automatically revoked as of the time the action was filed, unless the document states otherwise.

A principal who wants both financial and medical authority addressed must execute two separate documents: a POA under ch. 56 for financial and legal matters, and a health care power of attorney (or combined advance directive) under ch. 54 for medical decisions.

Revoking or Ending a Pennsylvania Power of Attorney

A principal may revoke a financial POA at any time while competent. Pennsylvania law provides several ways a POA can end:

Revocation by the principal. A principal may revoke a POA by executing a written revocation or by creating a new POA that expressly revokes all prior ones. Simply executing a new POA without revocation language does not automatically cancel earlier documents, so principals should explicitly revoke prior POAs in writing to prevent confusion.

Revocation not effective until notice. Under 20 Pa. C.S. s. 5605, revocation is not effective as to the agent until the agent has actual knowledge of it. An agent who acts in good faith without knowledge of a revocation is protected, as are third parties who dealt with the agent before learning of the revocation.

Death of the principal. A POA ends automatically at the principal's death. An agent who acts in good faith without actual knowledge of the principal's death is protected under s. 5605.

Divorce. If the principal designated a spouse as agent and either party files for divorce, the spouse's authority as agent is automatically revoked as of the filing date, unless the POA expressly states otherwise.

Court action. A court may terminate an agent's authority if it finds the agent is not acting properly, including through guardianship proceedings.

Accomplishment of purpose. A limited POA created for a specific purpose ends when that purpose is accomplished.

For a broad overview of how powers of attorney work across all states and what to look for when creating one, see our national Power of Attorney guide.

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This page provides general legal information about Pennsylvania power of attorney laws and is not legal advice. Pennsylvania estate planning involves individual circumstances that an attorney licensed in Pennsylvania can assess. Consult a qualified Pennsylvania attorney before executing or relying on a power of attorney document.

Last reviewed: May 2026. Governing statutes: 20 Pa. C.S. ch. 56 (Powers of Attorney) and 20 Pa. C.S. ch. 54 (Health Care Advance Directives).

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