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.[1] Unless specifically provided otherwise in the power of attorney, all powers of attorney shall be durable.[2]
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.[3]
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.[4]
Statutory Form
The Pennsylvania statutes do not reproduce a sample statutory form but do provide suggestions for drafting language at § 5602.