The Short Answer

You can create a valid power of attorney in Pennsylvania, but the required signing formalities depend on the type of power of attorney (health care vs. other types). For a Pennsylvania health care power of attorney, state law requires the document to be dated and signed and witnessed by two adults. Because mistakes can make a POA unusable when you need it most, it’s smart to have an attorney ensure the document matches Pennsylvania’s requirements and your goals.

What Pennsylvania Law Says

In Pennsylvania, a “power of attorney” can refer to different documents that authorize someone else (your agent) to act for you. One common category is a health care power of attorney, which authorizes an agent to make medical decisions if you cannot. Pennsylvania law sets specific execution requirements (how it must be signed and witnessed) to help prevent fraud and ensure your intent is clear.

If your question is really about a financial (durable) power of attorney, the rules can be different than the health care rules below. That distinction matters because banks, title companies, and other institutions often reject documents that don’t meet the correct statutory formalities.

The Statute

The primary law governing this issue (for a Pennsylvania health care power of attorney) is 20 Pa.C.S. § 5452.

This statute establishes that a health care power of attorney must be dated and signed by the principal (or signed at the principal’s direction if the principal cannot sign) and must be witnessed by two individuals who are each at least 18 years old.

For additional context on what a health care power of attorney should contain (beyond execution formalities), Pennsylvania also outlines required and optional provisions in 20 Pa.C.S. § 5453.

Related reading: How to choose and appoint a health care agent and financial power of attorney in Pennsylvania and Guardianship vs. durable power of attorney in Pennsylvania.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Formalities: The signing and witness requirements are not “close enough” rules—if the wrong people witness, or the document is executed incorrectly, it may be rejected when you need it.
• Burden of Proof: If a POA is challenged later (for example, by family members), you may need evidence that the principal had capacity and was not under undue influence at signing.
• Scope and Limitations: A POA that is too vague (or too broad) can create disputes, delay medical decisions, or cause financial institutions to refuse to honor it.

Trying to handle this alone can lead to a document that looks valid but fails in practice—especially if your goal is a durable financial POA, coordinated estate plan, or a document that will be accepted by banks and health care providers without delay.

Get Connected with a Pennsylvania Attorney

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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.