[PA] What are the requirements for a power of attorney document to be legal in Pennsylvania?

Lexi, Chatbot

I understand you’re looking to determine if your Power of Attorney is acceptable in Pennsylvania. Can you confirm if the Power of Attorney was created in Pennsylvania?

Lexi, Chatbot

Have there been any specific issues or concerns raised regarding the acceptance of the Power of Attorney in Pennsylvania?

Lexi, Chatbot

Is there anything else the Lawyer should know before I connect you? Rest assured they’ll be able to help with Pennsylvania Power of Attorney.

Isaac

Thank you for your question. Please permit me to assist you with your concerns. My name is Isaac and I am a PA licensed attorney that has been answering questions on JustAnswer since May of 2009. I am happy to help with your concerns. Please allow me a moment to review your question and to compose a reply or ask you questions to best understand your unique situation. I am sorry that you find yourself in this situation. I will help as much as I can. One moment while I type up my response.

Isaac

Hello, what precisely can I help answer for you, please?

Isaac

Effective Jan 1, 2025, the following are the requirements for a Pennsylvania POA to be legal:

1. Must be in writing. (§ 5601(a))

2. Principal must sign. The principal must sign the document (§ 5601(b)(1))

3. 2 Witnesses and Notary Acknowledgment. Must be signed by a noatry public (or another individual allowed to make acknowledgements) and two adult witnesses. The witnesses cannot be a person signing the POA or the agent. (§ 5601(b)(3))

4. Agent's Acknowledgment. The agent must sign acknowledging they understand their duties. (§ 5601(d))

5. Required Notice. All powers of attorney in Pennsylvania must include the following notice and signature of the principal (§ 5601(c)):

NOTICE

The purpose of this power of attorney is to give the person you designate (your "agent") broad powers to handle your property, which may include powers to sell or otherwise dispose of any real or personal property without advance notice to you or approval by you.

This power of attorney does not impose a duty on your agent to exercise granted powers, but, when powers are exercised, your agent must use due care to act for your benefit and in accordance with this power of attorney.

Your agent may exercise the powers given here throughout your lifetime, even after you become incapacitated, unless you expressly limit the duration of these powers or you revoke these powers or a court acting on your behalf terminates your agent's authority.

Your agent must act in accordance with your reasonable expectations to the extent actually known by your agent and, otherwise, in your best interest, act in good faith and act only within the scope of authority granted by you in the power of attorney.

The law permits you, if you choose, to grant broad authority to an agent under power of attorney, including the ability to give away all of your property while you are alive or to substantially change how your property is distributed at your death. Before signing this document, you should seek the advice of an attorney at law to make sure you understand it.

A court can take away the powers of your agent if it finds your agent is not acting properly.

The powers and duties of an agent under a power of attorney are explained more fully in 20 Pa.C.S. Ch. 56.

If there is anything about this form that you do not understand, you should ask a lawyer of your own choosing to explain it to you.

I have read or had explained to me this notice and I understand its contents.

Principal's Signature: _______________________

Date: ____________