Power of attorney, health care directive and guardianship in Pennsylvania

Financial power of attorney in Pennsylvania

Law and official form

Law

Powers of Attorney (20 Pa.C.S. Chapter 56)

Uniform Power of Attorney Act

No

Law: 20 Pa.C.S. Ch. 56

Signing rules

How to sign

Date and sign the power of attorney, and sign the required notice at its beginning. Your signature must be acknowledged before a notary AND witnessed by two adults; both are needed. Before acting, your agent must sign the agent's acknowledgment.

Who signs

Dated and signed by you (by signature or mark). If you cannot sign, another person can sign for you at your specific direction.

Notary

Required

Witnesses

2

Who cannot witness

Two witnesses, each 18 or older. These people cannot be a witness: the person who signed for you, your agent, and the notary who takes your acknowledgment. A Pennsylvania lawyer may take the acknowledgment instead of a notary, but then cannot also be one of the two witnesses.

Agent's acknowledgment

Your agent has no authority to act until the agent signs and attaches an acknowledgment saying they will act in line with your reasonable expectations, in good faith and within the authority you gave (20 Pa.C.S. 5601(d)). You must also sign a notice in capital letters at the beginning of the power of attorney (20 Pa.C.S. 5601(c)).

Electronic signing

A power of attorney signed in electronic form may be recorded under the Uniform Real Property Electronic Recording Act (20 Pa.C.S. 5602(c)). A photocopy or electronically sent copy has the same effect as the original, except for filing or recording (20 Pa.C.S. 5602(d)).

Law: 20 Pa.C.S. § 5601(b), (c), (d)

Durable and springing

Is it durable?

A power of attorney is durable, meaning it keeps working if you become incapacitated, unless it specifically says otherwise.

Law: 20 Pa.C.S. 5601.1, 5604

Durable unless it says otherwise?

Yes: it continues if you lose capacity unless it says otherwise.

Starting later (springing)

You can say in the power of attorney that it starts at a future time or when something happens, such as your disability or incapacity (20 Pa.C.S. 5604(a)). The agent's affidavit that the time or event has occurred is conclusive proof for people who rely on it in good faith (20 Pa.C.S. 5606).

What an agent can and cannot do

Needs express permission

• Create, change, revoke or end a living trust (beyond the limited trust powers in the law)
• Make a gift
• Create or change rights of survivorship
• Create or change a beneficiary designation
• Delegate authority under the power of attorney
• Waive your right to be a beneficiary of a joint and survivor annuity, including a retirement survivor benefit
• Exercise fiduciary powers you have authority to delegate
• Disclaim property, including a power of appointment
• Access the content of your electronic communications

No power of attorney can

Unless the power of attorney says otherwise, an agent who is not your ancestor, spouse or descendant cannot use it to give themselves (or someone they must support) an interest in your property, by gift, survivorship, beneficiary designation, disclaimer or otherwise. A financial power of attorney does not cover health care decisions; those powers were removed from Chapter 56 and belong in a health care power of attorney.

Law: 20 Pa.C.S. 5601.4(b)

Law: 20 Pa.C.S. § 5601.4(a)

Agent duties, pay and court review

Agent duties

• Act in line with your reasonable expectations as far as the agent actually knows them, and otherwise in your best interest
• Act in good faith
• Act only within the authority you gave
• Act loyally for your benefit and avoid conflicts of interest
• Keep the agent's money separate from yours (with limited exceptions, such as a spouse)
• Act with the care, competence and diligence agents ordinarily use
• Keep a record of all receipts, payments and transactions
• Cooperate with your health care decision-maker
• Try to preserve your estate plan, as far as the agent knows it and it is in your best interest

Agent pay

Unless the power of attorney says otherwise, the agent is entitled to reasonable pay based on the work actually done, and to repayment of actual and reasonable expenses (20 Pa.C.S. 5609).

Asking a court to review an agent

The court can order the agent to file an account, and an agent may file one at any time; accounts are filed with the clerk in the county where you live (20 Pa.C.S. 5610). You, a guardian or other fiduciary, a protective services agency and, after your death, your personal representative can ask the agent to disclose transactions; the agent must answer within 30 days, or explain and answer within 30 more days. Older-adult protective services can ask the court for access to records (20 Pa.C.S. 5604(d)).

Law: 20 Pa.C.S. 5601.3(d)

Law: 20 Pa.C.S. § 5601.3

When it ends and how to revoke it

It ends when

• You revoke it
• You die (people who act in good faith without knowing of your death are protected)
• A time of termination stated in the document
• A court terminates the agent's authority
• If your spouse is your agent, when either of you files for divorce, unless the document says the choice survives divorce
• If the power of attorney is not durable, your incapacity

Divorce ends a spouse's authority

Yes · Divorce rules in Pennsylvania (Divorce Law Map)

How to revoke

You can revoke your power of attorney while you have capacity. Pennsylvania's power of attorney law (20 Pa.C.S. Chapter 56) does not set a form or a required method for revoking a financial power of attorney.

Telling others

A person who accepts a power of attorney in good faith, without actually knowing it was revoked, is protected when relying on it (20 Pa.C.S. 5608(d)). An agent who acts in good faith without actual knowledge of the revocation is also protected, and the agent's affidavit to that effect is conclusive proof for people relying on it (20 Pa.C.S. 5606). A bank or business that actually knows the authority has ended does not have to accept the power of attorney.

Law: 20 Pa.C.S. 5608.1(b)(4)

Law: 20 Pa.C.S. §§ 5601(c), 5604(b), 5605; 20 Pa.C.S. §§ 5605, 5606, 5608

Banks, other states and real estate

Banks and other businesses

A person asked to accept a Pennsylvania power of attorney must, within 7 business days, either accept it or ask for an agent's affidavit, a certification under penalty of perjury, an English translation or a lawyer's opinion; it must then accept within 5 business days after getting it. It may not demand its own form. Refusing in violation of the law can lead to a court order to accept and liability for financial harm. Listed exceptions include good-faith doubts about validity and reports of suspected abuse to protective services. These acceptance rules do not apply to a power of attorney governed by another state's law.

Law: 20 Pa.C.S. 5608, 5608.1

Signed in another state

A power of attorney signed in another state is valid in Pennsylvania if it met the law of the state named in it (or, if none is named, the state where it was signed), or the federal rules for a military power of attorney (20 Pa.C.S. 5611).

Real estate

An acknowledged (notarized) power of attorney may be recorded with the recorder of deeds in the county where you live and in each county where affected real estate is located. The original may also be filed with the clerk of the orphans' court division in your county (20 Pa.C.S. 5602(c)).

Health care directive in Pennsylvania

The document and its form

Document

Health care power of attorney and living will (an advance health care directive; the statute's example form is titled 'Durable Health Care Power of Attorney and Health Care Treatment Instructions (Living Will)')

Official form

Durable Health Care Power of Attorney and Health Care Treatment Instructions (Living Will) - example combined form, 20 Pa.C.S. 5471Published by Pennsylvania General Assembly (official text of 20 Pa.C.S. Chapter 54; the example form is in section 5471)Version: Statutory example in 20 Pa.C.S. 5471 (current consolidated text)

You do not have to use it.

Living will

Living will

The living will is a separate document.

A living will states your wishes about starting, continuing, withholding or withdrawing life-sustaining treatment. It can be in any written form, can stand alone, or can be combined with a health care power of attorney. It has the same signing rule: two adult witnesses.

Living will

Law: 20 Pa.C.S. §§ 5433, 5447, 5465, 5471; 20 Pa.C.S. §§ 5441-5447, 5433(b)

Signing rules

How to sign

Sign and date the health care power of attorney and/or living will in front of two adult witnesses. A notary is not required. The same rule applies to each document.

Who signs

Dated and signed by you (by signature or mark). If you cannot sign, another person can sign for you at your specific direction.

Notary

Not required

Witnesses

2

Who cannot witness

Two witnesses, each 18 or older. The person who signs for you cannot be a witness. A health care provider (or its agent) that gives you care cannot sign for you. The statute's example form says it is preferable that witnesses not be your heirs, your creditors or employees of your health care providers, but the law itself does not bar them.

Law: 20 Pa.C.S. §§ 5442, 5452

Who can be your agent and what the agent can do

Who cannot be your agent

Unless related to you by blood, marriage or adoption, your health care agent cannot be your attending physician or other health care provider, or an owner, operator or employee of a health care provider where you are receiving care (20 Pa.C.S. 5455(b)).

When the agent starts

Unless the document says otherwise, it becomes operative when a copy is given to your attending physician and the physician determines you are incompetent, and stops while the physician finds you competent (20 Pa.C.S. 5454). A living will becomes operative only when your physician finds you incompetent and with an end-stage medical condition or permanently unconscious (20 Pa.C.S. 5443).

Decisions an agent cannot make

Unless you gave specific written authorization, your agent must presume you would not want tube or IV nutrition and hydration withheld or withdrawn (the presumption can be overcome as the law describes) (20 Pa.C.S. 5456(c)(5)(iii)). Life-sustaining treatment must generally be provided to a pregnant woman despite any directive, with medical exceptions (20 Pa.C.S. 5429). The agent cannot consent to health care that state law prohibits, and the law does not change rules on consent to mental health treatment or hospitalization (20 Pa.C.S. 5463). You can countermand your agent's decision by telling your doctor (20 Pa.C.S. 5457).

Revoking and conflicting documents

Revoking your agent

While of sound mind, you can revoke a health care power of attorney by a writing signed with two witnesses (the same way it is made), or by personally telling your attending physician, health care provider or health care agent that it is revoked (20 Pa.C.S. 5459).

Revoking your instructions

You can revoke a living will at any time and in any manner, whatever your mental or physical condition. It takes effect when you or a witness to the revocation tells your attending physician or other health care provider (20 Pa.C.S. 5444).

Telling others

A provider can rely on the health care power of attorney unless notified of its revocation. Providers who are told of a revocation must put it in your medical record (20 Pa.C.S. 5444(c), 5459(b), 5462(d)).

Divorce ends a spouse's authority

Yes · Divorce rules in Pennsylvania (Divorce Law Map)

Conflicting documents

If two advance health care directives conflict, the one signed most recently controls to the extent of the conflict, unless the documents say otherwise (20 Pa.C.S. 5425).

Law: 20 Pa.C.S. §§ 5430, 5444, 5459

If you have no directive

Who decides without a directive

If your doctor finds you incompetent and you have no available health care agent or court-appointed guardian of the person, a 'health care representative' can decide, in this order of priority. You can set a different order or disqualify people in a signed writing, including your health care power of attorney. If members of the same class disagree, the doctor may follow the majority. A provider may ask the representative for a written declaration under penalty of perjury.

1. A person you designated as health care representative by a signed writing or by telling your attending physician or provider
2. Your spouse (unless a divorce action is pending) together with your adult children who are not your spouse's children
3. An adult child
4. A parent
5. An adult brother or sister
6. An adult grandchild
7. An adult who knows your preferences and values, including religious and moral beliefs

Law: 20 Pa.C.S. § 5461

Other states, registry and medical orders

Signed in another state

A living will or health care power of attorney made in another state under that state's law is valid in Pennsylvania, except to the extent it would allow decisions inconsistent with Pennsylvania law (20 Pa.C.S. 5446(b), 5464).

POLST (medical orders)

Pennsylvania Orders for Life-Sustaining Treatment (POLST); separately, the statutory Pennsylvania Out-of-Hospital Do-Not-Resuscitate Order

Official page

Mental health directive

You can make a mental health declaration, a mental health power of attorney, or a combined document. Each must be dated, signed and witnessed by two adults; the person who signs for you cannot witness. They last two years from signing unless you revoke them sooner, and stay in effect past two years if they are in use when they would expire (20 Pa.C.S. Chapter 58, including 5822, 5824, 5832).

Guardianship and conservatorship in Pennsylvania

What guardianship or conservatorship is

What it is called

Guardian of the person and/or guardian of the estate (plenary or limited); emergency guardian

When a court may appoint one

An 'incapacitated person' is an adult whose ability to receive and evaluate information and communicate decisions is so impaired that they are partially or totally unable to manage their finances or meet essential requirements for their physical health and safety. Incapacity must be shown by clear and convincing evidence. The court must make specific findings that family, friends and other supports and each less restrictive alternative (such as powers of attorney, living wills, health care representatives, trusts, representative payees, ABLE accounts and mental health advance directives) are insufficient, must prefer limited guardianship, and may not appoint a guardian if a sufficient less restrictive alternative exists.

Law: 20 Pa.C.S. 5501, 5511, 5512.1

Kinds

• Plenary guardian of the person
• Limited guardian of the person
• Plenary guardian of the estate
• Limited guardian of the estate
• Emergency guardian (person: up to 72 hours, extendable up to 20 days; estate: up to 30 days)

Law: 20 Pa.C.S. §§ 5501, 5511, 5512, 5512.1, 5512.2, 5513

Who can ask, which court and your own choice

Who may ask

Any person interested in the alleged incapacitated person's welfare (20 Pa.C.S. 5511(a)).

Court

Orphans' court division of the court of common pleas in the county where the person is domiciled, resides or lives in a long-term care facility.

Choosing your own

You can nominate the guardian of your estate or person in a durable power of attorney, and a guardian of your person in a health care power of attorney. The court must follow your most recent nomination except for good cause or disqualification (20 Pa.C.S. 5604(c)(2), 5460(b)).

Effect on a power of attorney

If a guardian of the estate is appointed, your agent is accountable to the guardian as well as to you. In its guardianship order, the court decides whether and how far your durable power of attorney and your health care agent's authority stay in effect (20 Pa.C.S. 5604(c), 5460(a)).

Cost, fee waiver and forms

Fee waiver

If the alleged incapacitated person cannot pay for counsel or the independent evaluation, the court orders the county to pay those costs (20 Pa.C.S. 5511(c)). Filing fees are set by each county.

Forms

• G-01 Citation with Notice (guardianship of an incapacitated person)
• G-06 Expert Report
• G-07 Notice of Filing
• G-05 Guardian's Inventory for an Incapacitated Person
• G-02 Report of Guardian of the Estate
• G-03 Report of Guardian of the Person

Steps

Steps

Other options and where to report abuse

Less restrictive options

• Durable financial power of attorney: You name an agent for financial, legal and business matters. In Pennsylvania it is durable unless it says otherwise.
• Living will, health care power of attorney and health care representatives: You name a health care agent and give treatment instructions. Without one, family members or a close friend can act as health care representatives.
• Mental health advance directive and power of attorney: You record mental health treatment preferences and can name an agent for a mental health crisis.
• Supported decision-making: Trusted people help a person with a disability make their own decisions. Pennsylvania has no statute on written agreements, but the law recognizes that supports can make a guardian unnecessary.
• PA ABLE account, special needs trust, joint bank account: Ways to manage or set aside money for a person with a disability without a guardianship; the court page lists the risks of joint accounts.

Report abuse or exploitation

Pennsylvania Department of Aging - Elder Abuse Helpline (Older Adults Protective Services, through local Area Agencies on Aging) · 1-800-490-8505

Call or text the Eldercare Locator to find your local adult protective services: 1-800-677-1116 · eldercare.acl.gov

Good to know in Pennsylvania

• A Pennsylvania financial power of attorney needs BOTH a notary acknowledgment and two adult witnesses, and the agent must sign an acknowledgment before acting (20 Pa.C.S. 5601(b)(3), (d)).
• Filing for divorce automatically revokes a spouse's appointment as agent under a financial or health care power of attorney, unless the document says otherwise (20 Pa.C.S. 5605(c), 5430).
• Since June 2024, courts must appoint a lawyer for a person facing guardianship and must find that each less restrictive alternative is insufficient before ordering guardianship.

  Law: Act 61 of 2023; 20 Pa.C.S. 5511(a.1), 5512.1

• Mental health declarations and mental health powers of attorney expire after two years unless in use at that time (20 Pa.C.S. 5824(e)).

Changes in 2024–2026

Act 61 of 2023: guardianship reform - right to appointed counsel, petitions must show less restrictive alternatives were tried, specific findings, certification for guardians of 3+ people, review hearings. Act 41 of 2024 amended 5601.4(a)(9) on agent access to electronic communications. Act 39 of 2025 amended 5512.2(a.1) on review hearing timing. No 2024-2026 amendments found in Chapter 54.

Law: P.L.446, signed Dec. 14, 2023, effective in 180 days, about June 2024; 20 Pa.C.S. 5511, 5512.1, 5512.2; P.L.450, July 1, 2024, effective in 60 days; P.L.129, Oct. 27, 2025, effective in 60 days

Questions about powers of attorney in Pennsylvania