How do I choose and appoint someone as my health care and financial power of attorney? - Pennsylvania
The Short Answer
In Pennsylvania, you can appoint a trusted person to make financial decisions through a written power of attorney that meets specific signing and witnessing rules, and you can appoint a health care agent through a separate health care power of attorney that is signed and witnessed. The most important “choice” is selecting someone who is trustworthy, organized, and willing to act—because the law gives an agent significant authority and imposes real duties.
What Pennsylvania Law Says
Pennsylvania treats financial powers of attorney and health care powers of attorney differently. A financial power of attorney is governed by Pennsylvania’s Probate, Estates and Fiduciaries Code (Title 20, Chapter 56), and it has formal execution requirements (including notarization and witnesses for most modern documents). A health care power of attorney is governed by Pennsylvania’s health care decision-making statutes (Title 20, Chapter 54) and generally requires two adult witnesses.
If you want one person to handle both medical and financial decisions, you typically still need two documents—one for health care decisions and one for financial/legal decisions.
The Statutes
The primary law governing a financial power of attorney is 20 Pa.C.S. § 5601.
This statute sets the execution rules (including notarization and two adult witnesses for many powers of attorney), requires a specific notice to the principal, and requires the agent to sign an acknowledgment before acting.
The primary law governing a health care power of attorney is 20 Pa.C.S. § 5452.
This statute requires the health care power of attorney to be dated and signed (or signed at the principal’s direction) and witnessed by two adults.
Once appointed, an agent is not free to “do whatever they want.” Pennsylvania law imposes fiduciary duties on an accepted financial agent, including acting in good faith and within the granted authority. See 20 Pa.C.S. § 5601.3.
For additional background, you may find these helpful: Guardianship vs. Durable Power of Attorney in Pennsylvania and Setting up a Medical (Health Care) Power of Attorney in Pennsylvania.
Why You Should Speak with an Attorney
While the statutes provide the general rules, applying them to your life is rarely simple. Problems often arise when documents are rejected by banks or hospitals, when family members disagree, or when the agent’s authority is unclear. Legal outcomes often depend on:
- Strict Signing Formalities: Financial powers of attorney have specific execution requirements (including notarization and witnesses in many cases) and must include the statutory notice and agent acknowledgment. See 20 Pa.C.S. § 5601.
- Scope and Evidence Issues: If the document is vague, third parties may refuse to honor it, or the agent may be unable to complete needed transactions. The agent must also keep records and act within the authority granted. See 20 Pa.C.S. § 5601.3.
- High-Stakes Medical Decisions: A health care agent can make broad treatment and facility-admission decisions, and end-of-life choices can trigger disputes if your wishes are not clearly documented. See 20 Pa.C.S. § 5456.
Because these documents can shift control over your finances and medical care, it is worth having an attorney tailor them to your situation, reduce the risk of rejection, and help prevent future family conflict.
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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.