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A Pennsylvania Durable Power of Attorney is a legal document that grants another person — called the agent or attorney-in-fact — broad authority to manage financial, legal, and property matters on behalf of the principal in Pennsylvania. Unlike a standard power of attorney, a durable power of attorney remains valid even if the principal becomes mentally incapacitated or unable to manage their own affairs. The word "durable" specifically refers to this continued effectiveness through incapacity.
In Pennsylvania, a durable power of attorney, governed by 20 Pa. C.S. § 5601, must be signed by the principal in the presence of two adult witnesses and notarized to be legally valid. The document typically takes effect immediately upon execution unless it specifies a future date or a triggering event. It remains in force until the principal revokes it in writing, the principal passes away, or a court terminates it.
Pennsylvania law (20 Pa. C.S. § 5601) requires a specific "Notice to Principal" statement to appear prominently before the principal's signature line. The agent must also sign a separate "Acknowledgment by Agent" section. Both the principal's signature and the acknowledgment must be witnessed by 2 witnesses and notarized.
A Pennsylvania Durable Power of Attorney is used to give a trusted person legal authority to manage your financial and property affairs — and to ensure those decisions can continue seamlessly if you become unable to act for yourself. Specifically, it is used to:
To fill out a Pennsylvania Durable Power of Attorney, follow these steps:
Download or open a Pennsylvania Durable Power of Attorney form (20 Pa. C.S. § 5601).
The form must include a "Notice to Principal" section — this must appear prominently before the principal's signature and must be acknowledged by the principal.
Enter the principal's full legal name and address.
Name your agent and any successor agents with their full legal names and contact information.
Specify the financial powers you are granting (banking, real estate, tax, etc.).
Sign the document in the presence of two adult witnesses AND a notary public.
Both witnesses sign the document (the agent cannot be a witness).
The notary completes the acknowledgment.
The agent must sign the "Agent's Acknowledgment" section confirming they understand their duties.
Give a copy to your agent and keep the original in a secure place.
A Pennsylvania Durable Power of Attorney should include the following:
A Pennsylvania Durable Power of Attorney must be signed by:
The agent cannot serve as a witness. Some states also restrict family members or those who would benefit from the POA from serving as witnesses.
Yes. Pennsylvania law (20 Pa. C.S. § 5601) requires both notarization AND two adult witnesses to create a valid durable power of attorney. All three — the two witnesses and the notary — must be present when the principal signs.
The agent named in the document cannot serve as a witness. Check Pennsylvania's specific restrictions on who else may be disqualified (such as family members or those who would benefit from the POA). A document without all required signatures is not legally valid.
A Pennsylvania Durable Power of Attorney does not have an automatic expiration date. Once properly executed, it remains valid indefinitely — through the principal's incapacity (that is the defining characteristic of a "durable" document).
The Pennsylvania Durable Power of Attorney terminates automatically when:
To revoke a Pennsylvania Durable Power of Attorney, the principal must be mentally competent, create a written revocation document, and notify the agent — and ideally notify any institutions (banks, brokers) where the agent has been acting.
A free Pennsylvania Durable Power of Attorney form is available from several sources:
You can also use CookPDF to fill out your Pennsylvania Durable Power of Attorney online. Our editor lets you complete all required fields, add your electronic signature, and download the finished document as a PDF — ready to bring to your notarization appointment.
CookPDF makes it easy to prepare your Pennsylvania Durable Power of Attorney online. Open the form in our editor and complete all required fields — the principal's information, agent details, powers granted, and the durable clause. Use the text tool to fill in all sections without printing or scanning.
When the form is complete, click the Sign tool in the editor. You can draw your signature with a mouse or trackpad, type your name, or upload a saved signature image. Once your electronic signature is placed, click Done to download the completed PDF to your device.
Pennsylvania requires in-person notarization and two witnesses. Use CookPDF to prepare your form (including the Notice to Principal and Agent Acknowledgment sections), then print and complete the required signatures in person.