Signing Over Authority
20 Pa.C.S. 5601 — a signed notice, a notary, two witnesses, and the agent's own acknowledgment
In Pennsylvania, a power of attorney is dated and signed by the principal, by signature or mark, or by another individual at the principal's specific direction if the principal cannot sign. The signature is acknowledged before a notary public or another person authorized to take acknowledgments, who cannot be the agent, and witnessed by two individuals aged 18 or older.
Who cannot be a witness. Neither witness may be the agent, the person who signed for the principal, or the notary before whom it was acknowledged.
The notice at the top. Every power of attorney begins with a notice in capital letters, signed by the principal, explaining that the agent may get broad powers over property, may keep using them after incapacity, and must act in good faith and within the authority granted. Without a signed notice, if the agent's authority is challenged, the agent bears the burden of showing the use of it was proper.
The agent signs too, before acting. An agent has no authority to act until the agent has signed and attached an acknowledgment, in substantially the form the section gives, promising to act on the principal's reasonable expectations, in good faith, and within the authority granted.
Through incapacity, and it can wait. The section defines a durable power of attorney as one whose authority continues through the principal's later disability or incapacity, and unless it states a time of termination it does not lapse with time. A principal may provide that it takes effect at a future time or on a contingency, including the principal's incapacity.
| The assumption | What the law actually does |
|---|---|
| The assumptionA notary alone makes it valid | What the law actually doesA notary and two adult witnesses, neither of them the agent or the notary |
| The assumptionThe agent can act as soon as I sign | What the law actually doesNot until the agent has signed and attached the agent's acknowledgment |
| The assumptionIt ends if I lose capacity | What the law actually doesThe required notice says the agent may act after incapacity unless the duration is expressly limited |
| The assumptionThe agent can pool our money | What the law actually doesThe agent's funds are kept separate, with narrow exceptions |
Whatever the document says, an agent who has accepted appointment acts on the principal's reasonable expectations as far as actually known, otherwise in the principal's best interest, in good faith, and within the authority granted. Unless the document says otherwise, the agent also acts loyally, keeps their own funds separate from the principal's, avoids conflicts of interest, and keeps a record of all receipts, disbursements and transactions.
Thirty days to answer for the records. When a court orders it, or the principal, a guardian, a conservator, another fiduciary, a protective agency or, after a death, the personal representative asks, the agent complies within 30 days, or explains in writing why more time is needed and complies within an additional 30 days.
Health care powers of attorney follow different rules under the chapter, and revocation, gifts and the powers listed in section 5602 run under their own sections; they are not on this page. Drafting, limiting or challenging one is a matter for a licensed Pennsylvania attorney.
Sources for this section (3)
- 20 Pa.C.S. 5601 — Power of attorney: execution, notice and the agent's acknowledgment
- 20 Pa.C.S. 5601.3 — Agent's duties
- 20 Pa.C.S. 5604 — Durable powers of attorney
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Pennsylvania attorney.