How to Choose A Credible Witness for Powers of Attorney in Pennsylvania?

In Pennsylvania, a credible witness for a Power of Attorney (POA) is someone who meets the statutory requirements for witnessing under 20 Pa.C.S. § 5601(b)(3)(ii). These rules apply to all POAs executed on or after January 1, 2015.

Key requirements for a credible witness:

1. Age and identity

• The witness must be 18 years or older.

• They must be able to identify themselves and the principal.

2. Not the principal or agent

• The witness cannot be the principal (the person granting the POA) 

• The witness cannot be the designated agent (the person receiving authority) 

3. Not the notary

• The witness cannot be the notary public or another person authorized to take acknowledgments.

4. Not the substitute signer

• If the principal is unable to sign, the person signing on their behalf must also be excluded from being a witness.

5. Independent observation

• The witness must be present at the signing and able to observe the principal’s signature or mark, and the notarization (if applicable). 

6. No conflict of interest

• The witness should not have a personal or financial interest in the transaction that could impair their impartiality.