Permitted in Pennsylvania?
Yes, the principal may specify that the POA only becomes effective at a future date or upon the occurrence of a specified event, including the principal’s incapacity.[1]
Signing Requirements
Must be signed by the principal or by another at the direction of the principal before a notary public and two witnesses. The witnesses may not be any of the following:
- The person who signed the POA on behalf of the principal.
- An agent designated in the POA.
- The notary public.[2]
“Incapacity” Definition
“Incapacitated person” means an adult whose ability to receive and evaluate information effectively and communicate decisions in any way is impaired to such a significant extent that he is partially or totally unable to manage his financial resources or to meet essential requirements for his physical health and safety.[3]