A power of attorney is one of the most useful documents a family can have and one of the easiest to execute incorrectly. Pennsylvania asks more of it than most states, and the requirements are specific enough that a well-meaning kitchen-table signing frequently produces something a bank will not accept.
What Pennsylvania requires
For powers of attorney signed on or after 1 January 2015, three things have to happen:
- The principal signs — the person granting the authority.
- Two witnesses, each at least 18, watch that signature and sign themselves.
- The principal’s signature is acknowledged before a notary public.
All three. A notarized power of attorney with no witnesses does not satisfy the statute, and neither does a witnessed one that was never notarized.
Who cannot be a witness
This is where most execution failures come from, because the obvious people to ask are frequently the people who are barred.
| Person | Can they witness? |
|---|---|
| The agent named in the document | No |
| The notary public | No |
| A person who signed on the principal’s behalf | No |
| Anyone under 18 | No |
| The principal’s spouse, if not the agent | Generally yes |
| Another adult child who is not the agent | Generally yes |
| A neighbour or family friend | Yes |
Count the people you need. The principal, two witnesses, and a notary — four, minimum, and the agent cannot fill any of the witness slots. If the agent is your eldest child and your spouse is unavailable, you need two other adults in the room.
The notary’s role, precisely
The notary takes an acknowledgment from the principal: confirming identity, confirming the signature was made willingly, and completing the notarial certificate. That is the whole job.
The notary is not assessing whether the document is well drafted, whether the powers granted are appropriate, or whether the agent is a sensible choice. Those are legal questions and a notary is barred from answering them — a boundary we cover in what to bring to a notary appointment.
The notary also cannot be the agent named in the document. That restriction is separate from the witness bar and applies independently.
The two pages people forget
Pennsylvania powers of attorney carry two additional components beyond the operative text, and both get missed.
| Component | Who signs it | Commonly missed? |
|---|---|---|
| The notice to the principal | The principal | Yes |
| The operative grant of powers | The principal | No |
| Witness signatures | Two qualifying witnesses | Sometimes |
| Notarial certificate | The notary | No |
| Agent’s acknowledgment | The agent | Very often |
The agent’s acknowledgment is the one that causes the most trouble. Pennsylvania requires the agent to sign a statement accepting the role before exercising any authority under the document. A power of attorney arriving at a bank with that page blank tends to come straight back.
Why banks scrutinise these
A power of attorney lets someone move another person’s money, so institutions check the execution carefully before honouring one. Expect them to look at the date, the witnesses, the notarial certificate, and the agent’s acknowledgment.
Some institutions also ask to review the document in advance or want it recorded, particularly where real estate is involved. It is worth asking your bank what they require before the signing rather than discovering it during an emergency.
Financial and medical are different documents
People often say power of attorney as though it were one thing. In practice most families need two.
A financial power of attorney covers money, property, banking and taxes. A health care power of attorney, sometimes paired with a living will as an advance directive, covers medical decisions. They serve different purposes, can name different people, and are executed as separate documents.
Naming the same person for both is common but not automatic — the sibling who is best with money is not always the one you want deciding on treatment.
Capacity, and the timing problem
The principal must understand what they are signing at the moment they sign it. A power of attorney executed by someone who no longer has capacity is not valid, and no amount of family agreement changes that.
This is why powers of attorney are worth doing early. Families most often reach for one at the point where capacity has already become uncertain — which is precisely the point at which it may no longer be possible.
What to bring to the appointment
- The completed document, with every blank filled in and nothing signed
- Current government photo identification for the principal
- Two witnesses, with their own identification, neither of whom is the agent
- The agent, if they are available to sign their acknowledgment at the same time
- Payment for the notarial fee — capped in Pennsylvania, as set out in what a notary is allowed to charge
If the principal cannot travel, a mobile notary can attend a hospital or care home — but the witnesses have to be there too. Our comparison of mobile, online and in-office notarization covers when each option works.
We notarize powers of attorney regularly at our Bethlehem notary office. Call ahead so we can confirm you have the right people coming — it is a short conversation that prevents a wasted trip. For general background on how powers of attorney work in Pennsylvania, PALawHELP publishes a plain-language guide.
Frequently asked questions
Does a power of attorney need to be notarized in Pennsylvania?
Yes. For powers of attorney signed on or after 1 January 2015, the principal’s signature must be acknowledged before a notary public or another individual authorized to take acknowledgments, and two witnesses must also sign.
How many witnesses does a PA power of attorney need?
Two, each at least 18 years old. They must watch the principal sign and then sign themselves. A notary alone is not enough — the witnesses are a separate requirement.
Can the notary be one of the witnesses?
No. Pennsylvania specifically excludes the notary from serving as a witness on a power of attorney. You need two witnesses in addition to the notary, so at least four people are involved.
Can my agent witness the document?
No. The agent named in the power of attorney cannot serve as a witness, and neither can a person who signed the document on the principal’s behalf. The notary also cannot be the agent.
What if the principal cannot physically sign?
Another individual may sign the principal’s name at the principal’s direction and in their presence. That person then cannot serve as one of the two witnesses.
Does the agent have to sign anything?
Yes. Pennsylvania requires the agent to sign an acknowledgment accepting the role before exercising authority under the document. A power of attorney with an unsigned agent acknowledgment routinely gets rejected by banks.
Bringing in a power of attorney?
Call first and we will confirm who needs to be in the room. Two witnesses, photo ID, and an unsigned document is usually all it takes. Hablamos Español.