Durable Power of Attorney Form | Pennsylvania

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Updated on May 10th, 2023

A Pennsylvania durable power of attorney is a long-term arrangement between the principal (individual implementing the form) and an attorney-in-fact (appointed representative). This type of power of attorney form is used to transfer financial authority from the principal to the attorney-in-fact. It is durable because the form does not terminate when the principal becomes incapacitated, unlike some other powers of attorney. Executing this document means that the principal has found a responsible person (usually a relative or close friend) to manage their financial affairs during their lifetime regardless of their mental or physical state. The principal also has the option of having their power of attorney document only come into effect should they become incapacitated.

Laws

  • “Durable” Definition (§ 5604) – A durable power of attorney is a power of attorney by which a principal designates another his agent in writing. The authority conferred shall be exercisable notwithstanding the principal’s subsequent disability or incapacity. A principal may provide in the power of attorney that the power shall become effective at a specified future time or upon the occurrence of a specified contingency, including the disability or incapacity of the principal.
  • Statute – § 5601.1 (Decedents, Estates and Fiduciaries)
  • Signing Requirements (§ 5601(b)) – Notary public and two witnesses.