How can I change or revoke my power of attorney after it’s signed? - Pennsylvania
The Short Answer
In Pennsylvania, you can generally change or revoke a power of attorney as long as you still have the legal capacity to do so. But revocation is not truly effective in the real world until the right people (especially the agent and any institutions relying on it) have notice—otherwise they may be able to keep acting in good faith under the old document.
What Pennsylvania Law Says
Pennsylvania recognizes different types of powers of attorney (financial/durable powers of attorney and health care powers of attorney), and the rules about revocation can depend on the type of document and who has been relying on it. A key issue is that third parties (like banks and other institutions) may be protected if they act without actual knowledge that the power of attorney has been revoked or terminated.
The Statute
The primary law governing this issue is 20 Pa.C.S. § 5605.
This statute establishes that a power of attorney is not treated as revoked/terminated as to an agent or other person who, without actual knowledge of the terminating event, acts in good faith under the power—meaning notice matters.
If your question involves a health care power of attorney, Pennsylvania law also specifically addresses revocation while you are of sound mind. See 20 Pa.C.S. § 5459.
Why You Should Speak with an Attorney
While the statutes provide the general rule, applying them to your situation is rarely simple. Legal outcomes often depend on:
- Notice and reliance issues: Under 20 Pa.C.S. § 5605, an agent or third party may still be able to rely on an old POA if they lacked actual knowledge of the revocation/termination and acted in good faith—this can create real financial risk if you don’t cut off reliance cleanly.
- Capacity disputes: If anyone claims you lacked capacity when you revoked or changed the POA, the change can be challenged—especially in high-conflict family situations.
- Type of POA and special rules: Health care POAs have their own revocation rules (see 20 Pa.C.S. § 5459), and mental health powers of attorney have additional provisions. Using the wrong approach can leave an unwanted agent with apparent authority.
Trying to handle this alone can lead to a revoked document still being used, delays in medical decision-making, or disputes that end up in Orphans’ Court.
Related reading: How do I set up a medical (health care) power of attorney before surgery in Pennsylvania? and Can a power of attorney manage assets after death in Pennsylvania?.
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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.