{"id":375995,"date":"2016-03-31T21:36:30","date_gmt":"2016-04-01T02:36:30","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/state\/pennsylvania-law\/pennsylvania-durable-power-of-attorney-laws.html"},"modified":"2026-06-22T11:01:25","modified_gmt":"2026-06-22T16:01:25","slug":"pennsylvania-durable-power-of-attorney-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/pennsylvania-law\/pennsylvania-durable-power-of-attorney-laws.html","title":{"rendered":"Pennsylvania Durable Power of Attorney Laws"},"content":{"rendered":"\n
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Pennsylvania Durable Power of Attorney Laws<\/h1>\n\n
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\n By Carol Clasby, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

A Pennsylvania durable financial power of attorney is a legal document that authorizes a trusted agent to manage a principal’s financial and legal matters if the principal becomes incapacitated. By proactively executing this signed, notarized document, you prevent loved ones from having to file a costly, time-consuming court petition to appoint a guardian.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

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There are many types of powers of attorney (POA<\/span>). In general, a POA<\/span> is a legal document that authorizes another person to act on behalf of the principal<\/span>. This article is about durable powers of attorney<\/span> in the context of estate planning<\/span><\/a>.<\/p>\n

A durable power of attorney<\/span><\/a> is a proactive tool you can use to appoint someone to manage your financial matters if you become incapacitated<\/span>. It is an essential part of a comprehensive estate plan<\/span>. Without a durable POA<\/span>, your loved ones may need to petition the court to appoint a guardian to manage your affairs. The process can be time-consuming, costly, and lead to family conflict.<\/p>\n

By creating a durable POA<\/span>, you designate who will manage your financial affairs if you are unable to do so yourself. A valid, durable POA<\/span> can help ensure that authority passes smoothly to the person you\u2019ve chosen to act on your behalf.<\/p>\n

This article explains what a durable POA<\/span> is, the requirements for a valid durable POA<\/span> under Pennsylvania<\/span> law<\/span>, and the agent\u2019s role. If you\u2019d like to make a durable power of attorney<\/span> part of your estate plan<\/span>, options for creating one are included below. If you have further questions, consider meeting with a Pennsylvania<\/span> estate planning<\/span> attorney<\/a> for legal guidance.<\/p>\n

What Is a Durable Financial Power of Attorney<\/span>?<\/h2>\n

For your durable financial power of attorney<\/span>, you appoint another trusted person to serve as your agent (sometimes called \u201cattorney-in-fact<\/span>\u201d) if you become incapacitated<\/span>. This agent can manage your financial and legal matters during your incapacity<\/span>.<\/p>\n

A Pennsylvania<\/span> estate plan<\/span><\/a> usually includes a will or a trust to direct how your assets are distributed after your death. Incapacity<\/span> planning is about how you want your affairs managed if you are unable to do so yourself.<\/p>\n

In Pennsylvania<\/span>, your healthcare decisions<\/span> are usually managed under an advance directive<\/a>. Your advance directive may include a living will to express your wishes regarding your medical care, along with a\u00a0healthcare power of attorney<\/span> to designate someone to make decisions. Together with a durable financial power of attorney<\/span>, these legal documents ensure your wishes are known and carried out if you become incapacitated<\/span>.<\/p>\n

How To Make a Valid Durable POA<\/span> in Pennsylvania<\/span><\/h2>\n

Pennsylvania<\/span> law<\/span> imposes specific statutory requirements<\/a> on the principal, the agent, and the document itself. Failing to comply with these requirements can create questions about the validity or enforceability of the power of attorney.<\/p>\n

Principal Requirements<\/h3>\n

The principal must have sufficient legal capacity to understand the nature and effect of the POA<\/span> at the time it is signed. The principal may sign the power of attorney by signature or by mark. If the principal is physically unable to sign, they may direct another person to sign on the principal’s behalf. This person may not also serve as a witness. When a principal signs by mark or directs another individual to sign on the principal’s behalf, the document must also be witnessed by two adults who are at least 18 years old.<\/p>\n

Agent Requirements<\/h3>\n

Choosing your agent<\/a> is an important decision. They will have significant authority over your financial and legal affairs. Every agent must sign a statutory Agent’s Acknowledgment before exercising authority under the power of attorney, discussed further below.<\/p>\n

Pennsylvania<\/span> law<\/span> does not prohibit co-agents, but appointing more than one agent may cause unintended friction. You may also appoint successor agents<\/span>. This can ensure your durable POA<\/span> endures, even if your initial agent\u2019s authority<\/span> terminates. Without an agent, the POA<\/span> terminates.<\/p>\n

Document Requirements<\/h3>\n

A Pennsylvania<\/span> durable <\/span>power of attorney<\/span> document<\/span> must meet several statutory requirements. The durable POA<\/span> must be:<\/p>\n