How to Get Power of Attorney in Pennsylvania for an Aging Parent
Getting power of attorney in Pennsylvania takes about a week if your parent still has mental capacity and is willing to sign. Pennsylvania uses its own statutory POA form under the Probate, Estates and Fiduciaries Code, and it requires two witnesses plus a notary. The process is straightforward when done before a health crisis. Wait too long, and you may end up in Orphans' Court seeking guardianship instead.
Quick answers
- Pennsylvania POA requires a written document, two adult witnesses, and a notary
- The agent must sign an acknowledgment form, and the principal must receive a statutory notice before signing
- A financial POA activates immediately unless you specify 'springing' (activated only by incapacity)
- Healthcare decisions require a separate document: a Healthcare Power of Attorney or Advance Directive
- If your parent lacks capacity, Pennsylvania POA is no longer an option. You need Orphans' Court guardianship instead
What Power of Attorney Actually Covers in Pennsylvania
A Pennsylvania durable power of attorney authorizes someone (the agent) to manage financial and legal matters for the principal. This includes banking, paying bills, managing investments, handling real estate transactions, filing taxes, and accessing financial accounts.
What it does NOT cover: medical decisions. Pennsylvania separates financial and healthcare authority into two distinct documents. For medical decisions, you need a Healthcare Power of Attorney (HCPOA), sometimes combined with an Advance Directive.
The word 'durable' means the POA stays valid if the principal becomes incapacitated. Without that language, a standard POA automatically terminates when the principal loses capacity, which defeats the whole purpose for elder care planning.
Pennsylvania's Legal Requirements
The person signing must understand what they are signing, who the agent is, and what powers are being granted. If a doctor has already determined the person lacks capacity, the POA cannot be executed.
Pennsylvania does not recognize oral POA. The document must be in writing. You can use Pennsylvania's statutory short-form POA or a custom attorney-drafted form, but both must meet the same signing requirements.
Both witnesses must be adults who are present when the principal signs. Neither witness can be the agent named in the document. Neither should be the notary. A care facility employee can serve as a witness if they are not the agent.
Pennsylvania requires a notary public to acknowledge the principal's signature. Most banks, UPS stores, and law offices offer notary services for $5 to $15. Many hospitals and assisted living facilities have notaries on staff.
Pennsylvania law requires the principal to receive and sign a Notice to Principal before executing the POA. This notice explains the document's legal effect in plain language. It must be included with the POA.
The agent must sign a separate Acknowledgment stating they agree to act in the principal's best interest. The agent can sign this at the time of POA execution or later when they first use the POA.
Step-by-Step: How to Get It Done
Decide on the scope of authority
Pennsylvania POAs can be broad (covering all financial matters) or limited to specific transactions. For aging parent situations, broad authority is usually appropriate. You should also decide whether the POA is 'immediate' (effective upon signing) or 'springing' (effective only when a doctor certifies incapacity). Most elder law attorneys recommend immediate POAs because springing POAs create delays when you need to act fast.
Prepare the document
You have two options. First, hire an elder law attorney. Fees run $250 to $600 for a standalone POA in Pennsylvania, or $800 to $2,000 for a full estate planning package including POA, healthcare directive, and will. Second, use Pennsylvania's statutory form, available from the Pennsylvania Bar Association or legal form services. The statutory form is legally valid but may not address every family's specific situation.
Include the required notice
Pennsylvania law mandates a specific Notice to Principal at the top of the POA document. If you use the statutory form, it is already included. If an attorney drafts a custom document, confirm the notice is present before signing. The POA is invalid without it.
Schedule the signing
Gather two adult witnesses who are not the named agent and not the notary. A notary must be present. If your parent has limited mobility, a mobile notary can come to their home or care facility for $50 to $150. Many assisted living facilities will coordinate this for residents.
Have the agent sign the Acknowledgment
The agent (the person receiving authority) must sign a separate Acknowledgment form. This can happen the same day as the principal signing or later. No notary is required for the Acknowledgment.
Make certified copies
Once signed, make several copies. Financial institutions will want a copy to keep on file. Keep the original in a secure location. Some attorneys recommend having the document recorded at the county Register of Deeds if real estate transactions are anticipated, which costs $10 to $25 per page.
Present the POA to financial institutions
Banks, brokerage firms, and government agencies may require you to present the original or a certified copy. Some institutions have their own internal POA acceptance forms they require agents to also sign. Call ahead to find out what each institution needs before you show up.
What Pennsylvania POA Costs
What If Your Parent Already Has Memory Problems?
This is the most common crisis families face. If your parent has been diagnosed with dementia but still has periods of clarity, a Pennsylvania attorney may be able to execute a valid POA during a lucid period. This requires careful documentation, and many attorneys will conduct a capacity interview with the principal before proceeding.
If a doctor has determined your parent lacks legal capacity entirely, a Pennsylvania POA is off the table. The path forward is Orphans' Court, Pennsylvania's probate court that handles guardianship. Guardianship is expensive (typically $3,000 to $8,000 in legal fees) and time-consuming (3 to 6 months in most Pennsylvania counties), but it is the only option when POA is no longer possible.
This is why every elder law attorney says the same thing: get the POA done before you think you need it.
Pennsylvania-Specific Rules Families Often Miss
Pennsylvania added significant consumer protections to its POA law in 2015. Two specific provisions trip up families using older templates or out-of-state forms. First, the Notice to Principal must be a specific prescribed text. A POA missing this notice is void. Second, the agent's Acknowledgment form is mandatory. Banks in Pennsylvania have become more aggressive about rejecting POAs that don't include both documents. If your parent has an old POA from before 2015, review it with an attorney before relying on it.
Using the POA: What Agents Need to Know
Once you have a valid POA, using it requires presenting the document to each institution and asking them to add you to accounts or accept transactions on the principal's behalf. Banks will usually want to scan and keep a copy.
As an agent, you have a legal duty to act in the principal's best interest, keep their finances separate from yours, and keep records of all transactions. Pennsylvania law allows the principal to sue an agent who misuses the POA, and family members can report abuse to Adult Protective Services.
If you are also handling healthcare decisions, remember the financial POA does not give you that authority. You need a separate Healthcare POA or be designated in an Advance Directive.
Step 1 of 2
How big is the home?
Step 2 of 2
What kind of help is needed?
Estimated Cost
Last step
Where should we look for certified SMMs?
No spam. No sales calls unless you want them. We’ll match you with NASMM-certified professionals near you.
You’re all set!
Thanks, use the cost range above as a starting point when you contact Senior Move Managers near you.
Frequently Asked Questions
Does a Pennsylvania POA need to be filed with any government office?
No filing is required for most POAs to be valid in Pennsylvania. However, if the POA will be used for real estate transactions, recording it at the county Recorder of Deeds office is advisable and typically required. Recording costs $10 to $25 per page depending on the county.
Can a Pennsylvania POA be used in other states?
Generally yes, most states will honor a validly executed Pennsylvania POA under the principle of comity. However, some states have their own preferred forms, and individual institutions may push back. If your parent owns property in another state, consult an attorney about whether a state-specific POA for that state is worth having.
Can I name multiple agents on a Pennsylvania POA?
Yes. Pennsylvania allows co-agents who must act jointly, or successor agents who take over if the primary agent is unable to serve. Naming a successor agent is strongly recommended in case the primary agent dies, becomes incapacitated, or declines the role.
Can my parent revoke a POA after signing it?
Yes, as long as the principal has mental capacity. Revocation must be in writing and delivered to the agent and any institutions relying on the old POA. If the old POA was recorded with the county, a revocation notice should also be recorded.
What is a Senior Move Manager? A Senior Move Manager is a trained specialist who helps older adults and their families navigate moves, downsizing, and care transitions. They handle the logistics so you don't have to.
If you are planning POA alongside a larger senior transition, an elder law attorney can bundle the legal work with estate planning and Medicaid planning in one engagement. Find elder law attorneys in Pennsylvania through our directory at SeniorMoveGuide.com/directory/pennsylvania/, where you can filter by specialty and location.
✓ 528 NASMM-certified professionals · ✓ All 50 states