Pennsylvania durable power of attorney law is stated in Pennsylvania Consolidated Statutes, Title 20, Chapter 56. A durable power of attorney is a type of power of attorney that will not be revoked if a principal is subsequently disabled or incapacitated. According to Pennsylvania laws all types of powers of attorney are considered durable unless the writing shows that it will be revoked on a subsequent incompetence or disability of the principal. The agent’s acts on behalf of the principal when the principal is incapacitated will have the same effect as if the principal was not incapacitated and will bind the principal and the successors as if not disabled. Unless specifically limited by time, a durable power of attorney is not time bound and it is valid even after considerable lapse of time. If a guardian is appointed to the principal’s person and/or property, the agent will be accountable to the guardian and the principal. The court guardian has the power to amend or revoke the power of attorney during the period of appointment.
A durable power of attorney is revoked by knowledge of principal’s death or dissolution of marriage between agent and principal (when both are married couple). However, the principal’s death does not revoke or invalidate the actions of the agent when acted without actual knowledge of principal’s death, and the agent’s actions will bind the successors in interest. Likewise, in case of a non durable power of attorney the principal’s incapacity will not revoke or invalidate the actions of the agent when acted without actual knowledge of principal’s incapacity and the agent’s actions will bind the successors in interest.
A durable power of attorney should be recorded at the orphan’s court division of the court of common pleas at the principal’s resident county.