Pennsylvania: Power of Attorney Requirements

The short answer

For a power of attorney (POA) signed on or after January 1, 2015,
Pennsylvania requires four things at execution: the document must be dated
and signed by the principal (by signature or mark, or by another individual
at the principal's specific direction); the signature must be acknowledged
before a notary public who is not the agent; and two witnesses who are 18 or
older — and who are not the agent, the notary, or the substitute signer —
must witness it (20 Pa. Cons. Stat. § 5601(b)).

Pennsylvania adds two paperwork requirements that surprise people from other
states. The POA must begin with a statutory NOTICE in capital letters, signed
by the principal (§ 5601(c)). And the agent has no authority to act until the
agent signs and attaches an acknowledgment of the agent's duties
(§ 5601(d)). On the other hand, durability takes care of itself: all
Pennsylvania POAs are durable unless the document says otherwise (§ 5601.1).

Requirements one by one

Governing law

Financial POAs are governed by Chapter 56 of Title 20 of the Pennsylvania
Consolidated Statutes (§§ 5601–5614). It is Pennsylvania's own chapter rather
than an adoption of the Uniform Power of Attorney Act, though the current
agent-duty and execution rules come from a major revision, Act 95 of 2014,
whose execution requirements apply to POAs executed on or after January 1,
2015. Certain powers are exempt from the notice, acknowledgment, and
notarization/witness rules — among them powers in commercial transactions,
powers coupled with an interest, entity governance powers, and warrants to
confess judgment (§ 5601(e.1)).

Who must sign

The principal signs and dates the POA, "by signature or mark." If the
principal is unable to sign, another individual may sign "on behalf of and at
the direction of the principal," but only if the principal "specifically
directs" it (§ 5601(b)(1)). The substitute signer cannot then serve as a
witness.

Notarization

Required for POAs executed on or after January 1, 2015. The principal's
signature or mark (or the substitute signature) must be "acknowledged before
a notary public or other individual authorized by law to take
acknowledgments," and that officer "shall not be the agent designated in the
power of attorney" (§ 5601(b)(3)(i)). A Pennsylvania attorney may take the
acknowledgment under the state's oath statutes, provided the attorney does
not also act as one of the two witnesses.

Witnesses

Two witnesses, each 18 or older, must witness the POA. Three people are
disqualified: the individual who signed on the principal's behalf, the agent
designated in the POA, and the notary who takes the acknowledgment
(§ 5601(b)(3)(ii)). Unlike New York, Pennsylvania does not let the notary
double as a witness.

Statutory form

Pennsylvania publishes no complete fill-in-the-blanks form. Instead the
statute prescribes two mandatory components and one optional shortcut. The
mandatory notice: every POA must begin with the statutory NOTICE "in capital
letters," signed by the principal; without it, an agent whose authority is
challenged bears the burden of proving the exercise was proper (§ 5601(c)).
The mandatory agent acknowledgment: the agent "shall have no authority to
act" until the agent executes and attaches the statutory acknowledgment of
duties (§ 5601(d)). The shortcut: a principal may grant defined powers by
quoting short statutory phrases — for example, "To engage in real property
transactions" — each of which § 5603 fleshes out (§ 5602(a)).

Durable by default?

Yes. "Unless specifically provided otherwise in the power of attorney, all
powers of attorney shall be durable" (§ 5601.1) — the authority remains
exercisable "notwithstanding the principal's subsequent disability or
incapacity" (§ 5604(a)). Pennsylvania has presumed durability since 1992, so
no special wording is needed to make a POA survive incapacity.

Springing POA allowed?

Yes. "A principal may provide in the power of attorney that the power shall
become effective at a specified future time or upon the occurrence of a
specified contingency, including the disability or incapacity of the
principal" (§ 5604(a)). The statute does not prescribe a mechanism for
proving the contingency occurred, so a well-drafted springing POA should say
who determines incapacity and how.

Real estate extras

Nothing extra is required to sign. Recording is available rather than
mandatory: an originally executed POA may be filed with the clerk of the
orphans' court division where the principal resides, "and, if it is
acknowledged, it may be recorded in the office for the recording of deeds of
the county of the principal's residence and of each county in which real
property to be affected by an exercise of the power is located" (§ 5602(c)).
Certified copies issued by the clerk or recorder carry "the same validity and
the same force and effect as if it were the original." Powers exempt from the
execution rules must still be acknowledged before they can be recorded
(§ 5601(e.1)).

Out-of-state POAs

Recognized. A POA "executed in or under the laws of another state or
jurisdiction shall be valid in this Commonwealth" if, when executed, its
execution complied with the law of the jurisdiction indicated in the
document — or, if none is indicated, the law of the place of execution — or
with the federal military POA statute (§ 5611).

What trips people up

• Skipping the capital-letters notice. The § 5601(c) NOTICE must appear
  at the beginning and be separately signed by the principal. Without it, the
  agent carries the burden of proof whenever their authority is challenged.
• An agent who never signed the acknowledgment. The agent has no
  authority to act until the § 5601(d) acknowledgment is executed and
  attached. Banks check for it.
• Using the notary as a witness. Pennsylvania requires the notary plus
  two other adults; the notary cannot double as a witness, and neither can
  the agent (§ 5601(b)(3)(ii)).
• Assuming old POAs are invalid. The notarization-plus-witnesses rule
  applies to POAs executed on or after January 1, 2015; older documents are
  judged by the law in effect when signed (§ 5601(b)(3)).
• Springing without a mechanism. Section 5604(a) allows a springing POA
  but says nothing about who certifies the trigger; spell it out in the
  document.

Common questions

Do I need a notary and witnesses? Yes, both — a notary (who is not the
agent) and two adult witnesses (who are not the agent, the notary, or a
substitute signer) for any POA executed on or after January 1, 2015
(§ 5601(b)(3)).

Is a Pennsylvania power of attorney durable automatically? Yes. All
POAs are durable unless the document specifically provides otherwise
(§ 5601.1).

Does my agent have to sign anything? Yes. Before acting, the agent must
execute and attach an acknowledgment, in substantially the statutory form,
promising to act in your reasonable expectations or best interest, in good
faith, and within the granted authority (§ 5601(d)).

Will my out-of-state power of attorney work in Pennsylvania? Yes, if it
was validly executed under the law of the jurisdiction indicated in it or
where it was signed (§ 5611).

Statutes and sources

All quotations are from the Pennsylvania Consolidated Statutes, Title 20,
Chapter 56, as published by the Pennsylvania General Assembly, accessed
2026-07-04. The chapter's inline amendment notes date the current execution
rules to Act 95 of 2014, effective January 1, 2015.

• 20 Pa. Cons. Stat. § 5601 — execution: dating, signature or mark,
  substitute signer, acknowledgment before a notary who is not the agent, and
  two qualified witnesses. Quoted above.
  legis.state.pa.us, ch. 56
• 20 Pa. Cons. Stat. § 5601(c) — the mandatory capital-letters notice
  signed by the principal, and the burden-shifting consequence of omitting
  it. legis.state.pa.us, ch. 56
• 20 Pa. Cons. Stat. § 5601(d) — "An agent shall have no authority to act
  as agent under the power of attorney unless the agent has first executed
  and affixed to the power of attorney an acknowledgment ..."
  legis.state.pa.us, ch. 56
• 20 Pa. Cons. Stat. § 5601.1 — "Unless specifically provided otherwise
  in the power of attorney, all powers of attorney shall be durable ..."
  legis.state.pa.us, ch. 56
• 20 Pa. Cons. Stat. § 5604 — durable POA definition and springing
  effectiveness. Quoted above.
  legis.state.pa.us, ch. 56
• 20 Pa. Cons. Stat. § 5602(a), (c) — incorporation-by-reference power
  phrases; permissive filing and recording, and the force of certified
  copies. Quoted above.
  legis.state.pa.us, ch. 56
• 20 Pa. Cons. Stat. § 5611 — validity of POAs executed in other
  jurisdictions. Quoted above.
  legis.state.pa.us, ch. 56

Pending legislation: none found amending Chapter 56 as of July 4, 2026.