Signing Requirements
The principal is required to sign in the presence of a notary public and two witnesses. The agent is required to sign and may do it themselves and does not need to be acknowledged and without witnesses (§ 5601(b)(3)). Unless specifically provided otherwise in the power of attorney, all powers of attorney shall be durable (§ 5601.1).
Definition of “Durable”
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 (§ 5604(a)).
Definition of “Power of Attorney”
The Pennsylvania statutes do not define “power of attorney” but do provide a list of abilities that an agent is presumed to have and those that an agent is granted only if specifically granted in the document (§ 5601.4).
Statutory Form
The Pennsylvania statutes do not reproduce a sample statutory form but do provide suggestions for drafting language at § 5602.