A Pennsylvania durable power of attorney authorizes an individual to act as attorney-in-fact for a principal and manage their financial affairs. While a non-durable power of attorney will expire upon the incapacity of the principal, a durable power of attorney will continue in effect even if the principal becomes mentally incompetent. This additional provision, in combination with the general rights granted through a power of attorney, ensures that the principal’s financial interests will be managed consistently throughout their lifetime or until the document is revoked.
Agent’s Duties – § 5601.3
Signing Requirements (§ 5601(b)) – Two (2) Witnesses and Notary Public
Statutory Form – § 5602
Statute – § 5604(a)
A durable power of attorney is a power of attorney by which a principal designates another his agent in writing. The authority conferred shall be exercisable notwithstanding the principal’s subsequent disability or incapacity.