Power of Attorney Acceptance and Refusal Rules in Pennsylvania

At a glance

Requirements one by one

Initial response and permitted proof

A person asked to accept a power of attorney generally must accept it or request a continuance affidavit, certification, English translation or counsel opinion within seven business days after presentation (§ 5608.1(a)(1)). Section 5608(e) allows an agent's factual certification under penalty of perjury or a § 5606 affidavit; it also allows translation of a partly non-English power and a counsel opinion on the agent's authority when the requester gives its reason in writing or another record.

Response after proof arrives

After a requested item arrives, the recipient generally has five business days to accept. If that material provides a substantial basis for another request under §§ 5606 or 5608(e), the statute permits that further request (§ 5608.1(a)(2)). An agent must furnish the continuance affidavit on demand, although § 5606 also protects good-faith reliance without one.

An English translation or counsel opinion is at the principal's expense unless the request arrives more than seven business days after presentation, or after a previously accepted power is presented for a new exercise of authority (§ 5608(g)).

Grounds and consequence of refusal

Section 5608.1(b) lists circumstances where acceptance is not required, including no underlying duty to transact with the principal, conflict with applicable law, actual knowledge of termination, refusal of permitted proof, good-faith doubt about validity or authority, and specified protective-services reports. If refusal violates the section, § 5608.1(c) permits an acceptance order and civil liability for proximately caused pecuniary harm to the principal's economic interests.

What trips people up

The response duty and penalties do not apply to a power governed by another state or jurisdiction or to a power prescribed by a government body for a governmental purpose (§ 5608.1(d)). The recipient may ask for certification or counsel opinion again when the agent later seeks to exercise authority after an earlier acceptance (§ 5608(f)).

Common questions

Can a recipient insist on its own form? Section 5608.1(a)(3) bars requiring an additional or different form for authority granted in the presented power.

Must a refusal state written reasons? Section 5608.1 states the response clocks and refusal grounds but does not prescribe a written-rejection notice step.

Statutes and sources

The quoted current Pennsylvania consolidated statutes were accessed October 3, 2026.