Who Can Witness a Power of Attorney in Pennsylvania

A single missing witness signature or an ineligible notary can render a Pennsylvania power of attorney completely unenforceable. Banks will reject it, title companies will refuse closings, and your family may be forced into Orphans' Court guardianship proceedings — exactly what the POA was designed to prevent.

Under Act 95 of 2014, Pennsylvania imposes stricter execution requirements than most states. Here is exactly who qualifies as a witness, what the notary must do, and which mistakes invalidate the document.

Two Witnesses Are Mandatory for Financial POAs

Under 20 Pa. C.S. § 5601(b), every financial power of attorney executed on or after January 1, 2015, must be signed in the presence of two adult witnesses. Both witnesses must be at least 18 years old.

The statute also lists specific people who cannot serve as witnesses:

• The named agent or any successor agent
• The notary public who takes the acknowledgment
• Anyone who signs the document on the principal's behalf (if the principal cannot physically sign)

Family members, friends, neighbors, and coworkers are generally eligible — as long as they are not the agent named in the document. A common approach is to ask two coworkers or neighbors who have no financial relationship with the principal.

Notarization Is Required, Not Optional

Unlike many states where notarization is recommended but not required, Pennsylvania mandates that the principal's signature be acknowledged before a notary public under 20 Pa. C.S. § 5601(b).

The notary cannot be the designated agent. This seems obvious, but situations arise where a family member who is both a notary and the intended agent tries to serve in both roles. Pennsylvania law prohibits this.

The notary's role is to verify the principal's identity and confirm they are signing voluntarily. The notary does not need to read the document or evaluate whether the principal understands the legal implications — that is the principal's and their attorney's responsibility.

The Statutory Notice Page Must Be Signed

Act 95 requires that every financial POA begin with a specific, capital-letter "NOTICE" page prescribed by 20 Pa. C.S. § 5601(c). The principal must sign this notice page separately from the main signature page.

If the signed notice page is present, there is a legal presumption that the agent's actions under the POA are proper. If the notice page is missing or unsigned, the burden shifts to the agent to prove their actions were authorized — a significantly harder legal position if challenged in court.

Healthcare POAs Have Different Rules

Pennsylvania healthcare powers of attorney (governed by Chapter 54) require only two adult witnesses. Notarization is optional but strongly recommended, particularly if the document may be presented at out-of-state medical facilities that do not recognize Pennsylvania's witness-only standard.

The witnesses for a healthcare POA cannot be the healthcare agent, the attending physician, or an employee of the healthcare facility where the principal is receiving treatment.

Common Execution Mistakes That Invalidate a POA

Using the notary as a witness. The notary and the two witnesses must be three separate people.

Having the agent witness the signing. If your designated agent signs as a witness, the entire document may be challenged as invalid.

Skipping the agent's acknowledgment. Under 20 Pa. C.S. § 5601(d), the agent has no legal authority to act until they execute and attach a separate acknowledgment page accepting their fiduciary duties. This acknowledgment can be signed after the POA is executed, but it must be completed before the agent performs any act.

Using an outdated form. POAs executed under the pre-2015 rules did not require two witnesses. Documents drafted before Act 95 may still be valid under the law in effect at the time, but banks and institutions increasingly insist on Act 95 compliance.

What to Do Next

Getting the execution right matters more than any other aspect of your power of attorney. The Pennsylvania Power of Attorney Kit includes the mandatory statutory notice page, agent acknowledgment, and a step-by-step signing guide that walks you through every Act 95 requirement.

See more Pennsylvania guides →