How to Choose and Appoint a Health Care Agent and Financial Power of Attorney in Pennsylvania | Pennsylvania Probate | FastCounsel
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How to Choose and Appoint a Health Care Agent and Financial Power of Attorney in Pennsylvania

How do I choose and appoint someone as my health care and financial power of attorney? - Pennsylvania

The Short Answer

In Pennsylvania, you can appoint a trusted person to make financial decisions through a written power of attorney that meets specific signing and witnessing rules, and you can appoint a health care agent through a separate health care power of attorney that is signed and witnessed. The most important “choice” is selecting someone who is trustworthy, organized, and willing to act—because the law gives an agent significant authority and imposes real duties.

Why You Should Speak with an Attorney

While the statutes provide the general rules, applying them to your life is rarely simple. Problems often arise when documents are rejected by banks or hospitals, when family members disagree, or when the agent’s authority is unclear. Legal outcomes often depend on:

  • Strict Signing Formalities: Financial powers of attorney have specific execution requirements (including notarization and witnesses in many cases) and must include the statutory notice and agent acknowledgment. See 20 Pa.C.S. § 5601.
  • Scope and Evidence Issues: If the document is vague, third parties may refuse to honor it, or the agent may be unable to complete needed transactions. The agent must also keep records and act within the authority granted. See 20 Pa.C.S. § 5601.3.
  • High-Stakes Medical Decisions: A health care agent can make broad treatment and facility-admission decisions, and end-of-life choices can trigger disputes if your wishes are not clearly documented. See 20 Pa.C.S. § 5456.

Because these documents can shift control over your finances and medical care, it is worth having an attorney tailor them to your situation, reduce the risk of rejection, and help prevent future family conflict.

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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.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.