Legal Documents Every Pennsylvania Family Should Have Before Care Is Needed

Legal Documents Every Pennsylvania Family Should Have Before Care Is Needed

Written by: New Century Staff
Date updated: 10/19/2026

Short answer: To protect your elderly parent in Pennsylvania, you need a financial power of attorney, a health care power of attorney, and a living will. These let you make decisions if your loved one cannot, but they must follow strict PA signing rules.

Key points
  • A Pennsylvania financial power of attorney requires a notary and two adult witnesses.
  • A health care power of attorney and living will require two adult witnesses, but no notary.
  • Complete these documents early, especially if your loved one has an early-stage dementia diagnosis.
  • Under the Community HealthChoices waiver, a person acting as Power of Attorney cannot be the paid caregiver.
  • Home care agency staff are legally prohibited from taking Power of Attorney for their clients.
In This Article

How Power of Attorney Affects Paid Caregiving

Many families look into the Community HealthChoices (CHC) program to cover home care costs. CHC is Pennsylvania’s Medicaid managed care program for adults 21 and older who need long-term services and supports. Under this program, family members can sometimes be paid to provide Personal Assistance Services.

Personal Assistance Services under the CHC waiver cover help with activities of daily living like eating, bathing, and dressing. They also cover cueing and supervising people who cannot safely be left alone. While family members can be paid for these services, acting as your parent’s Power of Attorney restricts your ability to be their paid caregiver.

The CHC waiver will not pay for services provided by the participant’s spouse, legal guardian, representative payee, or Power of Attorney. During the pandemic, there were temporary exceptions allowing a POA to be paid, but those ended on May 11, 2023. The Office of Long Term Living does not expect to make future exceptions.

If you are your parent’s POA, the CHC waiver won’t pay you as their caregiver. You can learn more about these restrictions on our spouse and POA caregiver page. Families must decide whether it makes more sense for one child to hold the POA while another child provides the paid care.

Pennsylvania law also protects seniors who hire outside help. Under 28 Pa. Code Chapter 611, no one affiliated with a home care agency may assume POA or guardianship over a consumer of that agency. This rule ensures that agency staff cannot take control of a client’s finances or medical decisions.

Frequently asked questions

Is there a difference between POA and healthcare POA?

Yes. A financial power of attorney allows someone to manage your money, property, and legal affairs. A health care power of attorney only allows someone to make medical decisions for you when you cannot. In Pennsylvania, they have different signing and witness rules.

Can a family member be a witness for a POA in PA?

Pennsylvania law requires two adult witnesses for both financial and health care POAs. For a financial POA, the witnesses cannot be the designated agent or the notary.

What is elder law?

Elder law is a specialized area of legal practice focusing on the needs of older adults. Elder law attorneys help families with estate planning, drafting power of attorney documents, creating living wills, and understanding Medicaid rules for long-term care.

Need help at home?

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