How Can Someone Be Removed as Power of Attorney? And Other Related Questions - Pennsylvania
The Short Answer
In Pennsylvania, removing a power of attorney (POA) agent usually happens by revoking the POA (if the principal still has capacity) and giving proper notice so third parties stop honoring the agent’s authority. If the principal cannot revoke due to incapacity—or there are allegations of abuse—removal may require court involvement (often through the Orphans’ Court) and related protective proceedings.
What Pennsylvania Law Says
Under Pennsylvania law, a POA agent’s authority is not unlimited. Agents have enforceable duties and can lose authority through revocation, certain life events (like divorce in some situations), or court action depending on the type of POA and the facts. A key practical point is that even when a POA is revoked, people and institutions may still rely on it until they have notice—so “removal” is often as much about stopping reliance as it is about signing a document.
The Statute
The primary law governing this issue is 20 Pa.C.S. § 5605.
This statute establishes that certain events (including divorce filings when a spouse is the agent, unless the POA says otherwise) can revoke the spouse’s designation, and it also protects third parties who act in good faith without actual knowledge of a revocation-triggering event—meaning notice issues can be outcome-determinative.
Separately, Pennsylvania law imposes specific fiduciary duties on agents—such as acting in good faith, within the scope of authority, and keeping records. See 20 Pa.C.S. § 5601.3.
If your question involves a health care POA, Pennsylvania also expressly allows revocation while the principal is of sound mind. See 20 Pa.C.S. § 5459.
Related reading: Can I Change or Revoke a Power of Attorney After It’s Signed in Pennsylvania?
Why You Should Speak with an Attorney
While the statutes provide the general rules, applying them to your situation is rarely simple—especially when money has moved, family conflict is involved, or the principal’s capacity is disputed. Legal outcomes often depend on:
- Strict Deadlines: If there are suspected improper transfers, financial exploitation, or urgent safety concerns, delays can make recovery harder and can increase the risk of irreversible asset movement.
- Burden of Proof: Removing an agent (or undoing transactions) often turns on evidence—bank records, communications, witnesses, and whether the agent complied with recordkeeping and loyalty duties under 20 Pa.C.S. § 5601.3.
- Exceptions and Notice Problems: Even if a POA is revoked or a spouse-agent is revoked by a divorce filing, third parties may still be protected if they lacked actual knowledge. See 20 Pa.C.S. § 5605. That can affect what remedies are realistic and against whom.
Trying to handle a POA removal dispute alone can lead to missed legal options, continued reliance on the old POA, or escalation into guardianship and Orphans’ Court litigation without the right filings and evidence.
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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.