§ 5602. Form of power of attorney.
(a) Specification of powers.--A principal may, by inclusion of the language quoted in any of the following paragraphs
or by inclusion of other language showing a similar intent on the part of the principal,
empower an agent to do any or all of the following, each of which is defined in section
5603 (relating to implementation of power of attorney):
(1) (Deleted by amendment).
(2) "To create a trust for my benefit."
(3) "To make additions to an existing trust for my benefit."
(4) "To claim an elective share of the estate of my deceased spouse."
(5) (Deleted by amendment).
(6) "To renounce fiduciary positions."
(7) "To withdraw and receive the income or corpus of a trust."
(8) (Deleted by amendment).
(9) (Deleted by amendment).
(10) "To engage in real property transactions."
(11) "To engage in tangible personal property transactions."
(12) "To engage in stock, bond and other securities transactions."
(13) "To engage in commodity and option transactions."
(14) "To engage in banking and financial transactions."
(15) "To borrow money."
(16) "To enter safe deposit boxes."
(17) "To engage in insurance and annuity transactions."
(18) "To engage in retirement plan transactions."
(19) "To handle interests in estates and trusts."
(20) "To pursue claims and litigation."
(21) "To receive government benefits."
(22) "To pursue tax matters."
(23) (Deleted by amendment).
(24) "To operate a business or entity."
(25) "To provide for personal and family maintenance."
(a.1) Modification of authority.--A principal may modify the authority of an agent that is incorporated by reference
as described in subsection (a).
(b) Appointment of agent and successor agent.--A principal may provide for:
(1) The appointment of more than one agent, who shall act jointly, severally or in any
other combination that the principal may designate, but if there is no such designation,
such agents shall only act jointly.
(1.1) The delegation of one or more powers by the agent to such person or persons as the
agent may designate and on terms as the power of attorney may specify.
(2) The appointment of one or more successor agents who shall serve in the order named
in the power of attorney, unless the principal expressly directs to the contrary.
(3) The delegation to an original or successor agent of the power to appoint his successor
or successors.
(c) Filing and recording of power of attorney.--An originally executed power of attorney may be filed with the clerk of the orphans'
court division of the court of common pleas in the county in which the principal resides,
and, if it is acknowledged, it may be recorded in the office for the recording of
deeds of the county of the principal's residence and of each county in which real
property to be affected by an exercise of the power is located. A power of attorney
executed in electronic form may be recorded in the same manner as a document subject
to the act of July 5, 2012 (P.L.935, No.100), known as the Uniform Real Property Electronic
Recording Act. The clerk of the orphans' court division or any office for the recording
of deeds with whom the power has been filed may, upon request, issue certified copies
of the power of attorney. Each such certified copy shall have the same validity and
the same force and effect as if it were the original, and it may be filed of record
in any other office of this Commonwealth (including, without limitation, the clerk
of the orphans' court division or the office for the recording of deeds) as if it
were the original.
(d) Copy of power of attorney.--Except for the purpose of filing or recording under subsection (c), a photocopy or
electronically transmitted copy of an originally executed power of attorney has the
same effect as the original.
(Dec. 16, 1992, P.L.1163, No.152, eff. imd.; Dec. 1, 1994, P.L.655, No.102, eff. 90
days; Oct. 12, 1999, P.L.422, No.39, eff. 60 days; July 2, 2014, P.L.855, No.95, eff.
Jan. 1, 2015; July 8, 2016, P.L.497, No.79, eff. Jan. 1, 2017)
2016 Amendment. Act 79 amended subsec. (a). Section 21(2)(iii) of Act 79 provided that any provision
in a power of attorney incorporating by reference a power under subsec. (a)(8), (9)
or (23) prior to the repeal of subsec. (a)(8), (9) or (23) shall be governed by the
respective paragraph of subsec. (a) as if no repeal occurred.
2014 Amendment. Act 95 amended subsecs. (a)(17) and (c), added subsecs. (a.1) and (d) and deleted
subsec. (a)(5). See section 9 of Act 95 in the appendix to this title for special
provisions relating to application of law.
1999 Amendment. See section 13(5) and (8) of Act 39 in the appendix to this title for special provisions
relating to applicability.
Cross References. Section 5602 is referred to in sections 5601, 5601.4 of this title.
Notes of Decisions
Cited in
13
cases (
1 in the last 5 years), 1989–2022 · leading case:
In Re Weidner, 938 A.2d 354 (Pa. 2007).
In Re Weidner, 938 A.2d 354 (Pa. 2007).
· cites it 12× “Does 20 Pa.C.S. § 5602, [ Reifsneider ], and the language of the instrument, authorize the attorney-in-fact to make the beneficiary change in the life insurance policy, where the instrument authorizes several specific powers and then incorporates all powers listed in the Code,…”
In Re Est. of Reifsneider, 610 A.2d 958 (Pa. 1992).
· cites it 8× “Superior Court affirmed, holding that the language of the power of attorney was not sufficiently specific to conform to 20 Pa.C.S. § 5602 and grant the attorneys-in-fact the power to claim an elective share of the estate, 386 Pa.”
Slomski v. Thermoclad Co., 987 A.2d 141 (Pa. 2009).
· cites it 14× “More specifically, the trial court held that the POA "did, in fact, include broad general language, paralleling the language set forth at 20 Pa.C.S. § 5602, empowering Rita Slomski to deal with retirement plan matters, and to exercise all powers with respect to retirement plans…”
Est. of Reifsneider, 562 A.2d 370 (Pa. Super. Ct. 1989).
· cites it 3× “Prior to the enactment of 20 Pa.C.S. § 5602 in 1982, we would have agreed with their assertions.”
Nolan v. Dep't of Pub. Welfare, 673 A.2d 414 (Pa. Commw. Ct. 1995).
“DPW has provided no evidence to impeach the authenticity of Holmes’ power of attorney and 20 Pa.C.S. § 5602(a)(21) supports a determination that the pursuit of government benefits is an appropriate subject for a power of attorney.”
In re Weidner, 895 A.2d 11 (Pa. Super. Ct. 2006).
“Following Appellant’s Answer and the filing of supporting briefs, by order entered May 11, 2005, the trial court granted the motion and ordered MetLife to disburse the policy proceeds to Appel-lees.”
Westmoreland Cnty. v. Rodgers, 693 A.2d 996 (Pa. Commw. Ct. 1997).
“Additionally, because the material fact is not at issue, we need not address Rodgers’ argument that the trial court erred in refusing to consider his affidavit and in relying upon the deposition testimony of the County’s witnesses in ruling on the motions for summary judgment.…”
Rogers v. Citizens Bank, N.A. (W.D. Pa. 2022).
· cites it 2× “” Plaintiffs note that the Pennsylvania Supreme Court has held that 20 Pa. C.S. § 5602 “did not replace the common law principle that general language can serve to grant an agent specific power” and “that a specific power may be delegated to an agent by either incorporating the…”
Sehrawat, B. v. Rite Aid (Pa. Super. Ct. 2020).
“20 Pa.C.S. § 5602(a)(10).8 Moreover, we are mindful of the following applicable principles: ____________________________________________ 8 A power “to engage in real property transactions” is defined by the POA Act to include the granting of easements.”
— 20 Pa. Cons. Stat. § 5602(a) — 2 cases
In Re Weidner, 938 A.2d 354 (Pa. 2007).
“Does 20 Pa.C.S. § 5602, [ Reifsneider ], and the language of the instrument, authorize the attorney-in-fact to make the beneficiary change in the life insurance policy, where the instrument authorizes several specific powers and then incorporates all powers listed in the Code,…”
In Re Est. of Reifsneider, 610 A.2d 958 (Pa. 1992).
“Superior Court affirmed, holding that the language of the power of attorney was not sufficiently specific to conform to 20 Pa.C.S. § 5602 and grant the attorneys-in-fact the power to claim an elective share of the estate, 386 Pa.”
— 20 Pa. Cons. Stat. § 5602(a)(1) — 2 cases
— 20 Pa. Cons. Stat. § 5602(a)(10) — 1 case
Sehrawat, B. v. Rite Aid (Pa. Super. Ct. 2020).
“20 Pa.C.S. § 5602(a)(10).8 Moreover, we are mindful of the following applicable principles: ____________________________________________ 8 A power “to engage in real property transactions” is defined by the POA Act to include the granting of easements.”
— 20 Pa. Cons. Stat. § 5602(a)(11) — 1 case
Slomski v. Thermoclad Co., 987 A.2d 141 (Pa. 2009).
“More specifically, the trial court held that the POA "did, in fact, include broad general language, paralleling the language set forth at 20 Pa.C.S. § 5602, empowering Rita Slomski to deal with retirement plan matters, and to exercise all powers with respect to retirement plans…”
— 20 Pa. Cons. Stat. § 5602(a)(17) — 1 case
In Re Weidner, 938 A.2d 354 (Pa. 2007).
“Does 20 Pa.C.S. § 5602, [ Reifsneider ], and the language of the instrument, authorize the attorney-in-fact to make the beneficiary change in the life insurance policy, where the instrument authorizes several specific powers and then incorporates all powers listed in the Code,…”
— 20 Pa. Cons. Stat. § 5602(a)(18) — 2 cases
Slomski v. Thermoclad Co., 987 A.2d 141 (Pa. 2009).
“More specifically, the trial court held that the POA "did, in fact, include broad general language, paralleling the language set forth at 20 Pa.C.S. § 5602, empowering Rita Slomski to deal with retirement plan matters, and to exercise all powers with respect to retirement plans…”
Rogers v. Citizens Bank, N.A. (W.D. Pa. 2022).
“” Plaintiffs note that the Pennsylvania Supreme Court has held that 20 Pa. C.S. § 5602 “did not replace the common law principle that general language can serve to grant an agent specific power” and “that a specific power may be delegated to an agent by either incorporating the…”
— 20 Pa. Cons. Stat. § 5602(a)(2) — 1 case
— 20 Pa. Cons. Stat. § 5602(a)(21) — 1 case
Nolan v. Dep't of Pub. Welfare, 673 A.2d 414 (Pa. Commw. Ct. 1995).
“DPW has provided no evidence to impeach the authenticity of Holmes’ power of attorney and 20 Pa.C.S. § 5602(a)(21) supports a determination that the pursuit of government benefits is an appropriate subject for a power of attorney.”
— 20 Pa. Cons. Stat. § 5602(a)(4) — 1 case
In Re Est. of Reifsneider, 610 A.2d 958 (Pa. 1992).
“Superior Court affirmed, holding that the language of the power of attorney was not sufficiently specific to conform to 20 Pa.C.S. § 5602 and grant the attorneys-in-fact the power to claim an elective share of the estate, 386 Pa.”
— 20 Pa. Cons. Stat. § 5602(b) — 1 case
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