How can I get wills and power of attorney documents and a home-visit attorney in North Carolina? - Pennsylvania
The Short Answer
If you are located in Pennsylvania (or the person signing will be located in Pennsylvania), you can have a Pennsylvania attorney prepare a will and power of attorney documents and arrange for signing at home or in a care facility. The key is making sure the documents meet Pennsylvania’s execution rules—because a will or power of attorney that is signed incorrectly can be challenged or rejected when it matters most.
What Pennsylvania Law Says
In Pennsylvania, a will and a power of attorney are governed by different parts of the Probate, Estates and Fiduciaries Code, and each has its own signing requirements. A financial power of attorney, in particular, has strict statutory formalities (including required notices and an agent acknowledgment) that can create problems if a form is incomplete or executed incorrectly—especially when banks, title companies, or family members scrutinize it.
The Statute
The primary law governing this issue is 20 Pa.C.S. § 5601.
This statute establishes key execution and notice requirements for Pennsylvania powers of attorney, including dating/signing formalities, witness/notary requirements in many cases, and the requirement that the principal sign a statutory notice and the agent sign an acknowledgment before the agent can act.
For health care powers of attorney, Pennsylvania also sets execution requirements, including witness rules. See 20 Pa.C.S. § 5452.
Why You Should Speak with an Attorney
Even when your goals are straightforward (a basic will, naming an agent under a power of attorney, and arranging a home visit), the legal risk is usually in the details. Legal outcomes often depend on:
- Strict Formalities: Pennsylvania powers of attorney must include specific statutory notice language and an agent acknowledgment under 20 Pa.C.S. § 5601. Missing or improperly executed sections can lead to rejection by third parties or disputes later.
- Capacity and Undue Influence Concerns: Home, hospital, or nursing-facility signings are more likely to be questioned later. An attorney’s process helps document capacity and reduce the risk of a challenge.
- Scope and “Hot Powers” Issues: Many families need authority for real estate, gifting, or beneficiary changes. Whether and how those powers should be granted is highly fact-specific and can affect taxes, benefits planning, and family conflict.
Trying to handle this alone can lead to documents that look valid but fail when a bank, hospital, or court actually reviews them.
For additional background, you may find these helpful: how to properly sign a power of attorney in Pennsylvania and guardianship vs. durable power of attorney in Pennsylvania.
Get Connected with a Pennsylvania Attorney
Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Pennsylvania to discuss your specific facts and options, including arranging a home or facility visit when appropriate.
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.