Pennsylvania · 20 Pa.C.S. §§5601–5608.1Pennsylvania power of attorney at closing: notary, two witnesses, the notice and the agent's acknowledgment
In Pennsylvania a power of attorney must be dated and signed by the principal – by signature or mark, or by another individual at the principal's direction if the principal can't sign (20 Pa.C.S. §5601(b)(1)). The signature must be acknowledged before a notary public or other authorized person who isn't the agent, and witnessed by two individuals aged 18 or older who aren't the person who signed for the principal, the agent, or the notary (§5601(b)(3)). The power must begin with the statutory notice in capital letters, signed by the principal; without it, if the agent's authority is challenged, the agent has to show the exercise of authority is proper (§5601(c)). And the agent has no authority to act until the agent has signed and attached an acknowledgment of the agent's duties in substantially the statutory form (§5601(d)). A person that in good faith accepts a power of attorney without actual knowledge of a problem may rely on it, and may request an agent's certification under penalty of perjury or an affidavit under §5606, an English translation, or an opinion of counsel with a written reason (§5608). It must accept the power, or make one of those requests, within seven business days after presentation, and accept within five business days after receiving what it asked for, without requiring a different form – unless an exception applies, such as a power not executed as §5601(b) requires, a missing agent acknowledgment, or a good-faith belief that the power isn't valid or the agent lacks authority (§5608.1(a)–(b)).
The rules
1. Execution (§5601(b))
Dated, signed, notarized (not by the agent) and witnessed by two adults.
2. Notice (§5601(c))
Signed statutory notice at the beginning, in capital letters.
3. Agent's acknowledgment (§5601(d))
Signed and attached before the agent can act.
4. Acceptance (§5608.1(a))
Accept or request within 7 business days; then 5 business days.
What the TC can do
- Send the power of attorney to the settlement agent as soon as you know a party will sign through an agent.
- Check the notary block, the two witnesses, the signed notice and the agent's attached acknowledgment.
- Calendar the 7-business-day acceptance window from the date it's presented.
Questions about Pennsylvania powers of attorney
Does a Pennsylvania power of attorney need witnesses?
Yes – two adults, who can't be the agent, the notary or someone who signed for the principal, plus a notary acknowledgment (20 Pa.C.S. §5601(b)(3)).
Can a Pennsylvania agent sign without the agent's acknowledgment?
No – the agent has no authority to act until the agent signs and attaches the statutory acknowledgment (§5601(d)).
How long does a Pennsylvania settlement agent have to accept a power of attorney?
Seven business days after presentation to accept or request more, then five business days after receiving it (§5608.1(a)).
Related guides
Add a task in ClosingCode for the power of attorney review, with an owner and a due date.
Start free trialSource: 20 Pa.C.S. §§5601, 5608 and 5608.1 (palegis.us, read October 26, 2026).
General information, not legal advice. The settlement agent decides whether a power of attorney is acceptable. ClosingCode is software; it is not a law firm. This guide is not a substitute for the advice or services of an attorney.