§ 5604. Durable powers of attorney
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 20 Pa.C.S.A. Decedents, Estates and FiduciariesEffective: January 1, 2017
Effective: January 1, 2017
20 Pa.C.S.A. § 5604
§ 5604. Durable powers of attorney
(a) Definition.--A durable power of attorney is a power of attorney by which a principal designates another his agent in writing. The authority conferred shall be exercisable notwithstanding the principal's subsequent disability or incapacity. A principal may provide in the power of attorney that the power shall become effective at a specified future time or upon the occurrence of a specified contingency, including the disability or incapacity of the principal.
(b) Durable power of attorney not affected by disability or lapse of time.--All acts done by an agent pursuant to a durable power of attorney during any period of disability or incapacity of the principal have the same effect and inure to the benefit of and bind the principal and his successors in interest as if the principal were competent and not disabled. Unless the power of attorney states a time of termination, it is valid notwithstanding the lapse of time since its execution.
(2) A principal may nominate, by a durable power of attorney, the guardian of his estate or of his person for consideration by the court if incapacity proceedings for the principal's estate or person are thereafter commenced. The court shall make its appointment in accordance with the principal's most recent nomination in a durable power of attorney except for good cause or disqualification.
(1) If the agency acting pursuant to the act of November 6, 1987 (P.L. 381, No. 79), known as the Older Adults Protective Services Act,1 is denied access to records necessary for the completion of a proper investigation of a report or a client assessment and service plan or the delivery of needed services in order to prevent further abuse, neglect, exploitation or abandonment of the older adult principal reported to be in need of protective services, the agency may petition the court of common pleas for an order requiring the appropriate access when either of the following conditions applies:
(2) This petition may be filed in the county wherein the agent resides or has his principal place of business or, if a nonresident, in the county wherein the older adult principal resides. The court, after reasonable notice to the agent and to the older adult principal, may conduct a hearing on the petition.
(4) A determination to grant or deny an order, whether in whole or in part, shall not be considered a finding regarding the competence, capacity or impairment of the older adult principal, nor shall the granting or denial of an order preclude the availability of other remedies involving protection of the person or estate of the older adult principal or the rights and duties of the agent.
“Abandonment.” As that term is defined in the act of November 6, 1987 (P.L. 381, No. 79), known as the Older Adults Protective Services Act.
“Abuse.” As that term is defined in the act of November 6, 1987 (P.L. 381, No. 79), known as the Older Adults Protective Services Act.
“Agency.” As that term is defined in the act of November 6, 1987 (P.L. 381, No. 79), known as the Older Adults Protective Services Act, except that in cities of the first class the term shall mean the Department of Aging.
“Exploitation.” As that term is defined in the act of November 6, 1987 (P.L. 381, No. 79), known as the Older Adults Protective Services Act.
“Neglect.” As that term is defined in the act of November 6, 1987 (P.L. 381, No. 79), known as the Older Adults Protective Services Act.
“Older adult principal.” A principal who is 60 years of age or older.
Credits
1982, Feb. 18, P.L. 45, No. 26, § 9, imd. effective. Amended 1992, April 16, P.L. 108, No. 24, § 14, effective in 60 days; 1992, Dec. 16, P.L. 1163, No. 152, § 16, imd. effective; 1999, Oct. 12, P.L. 422, No. 39, § 10, effective in 60 days; 2000, Dec. 20, P.L. 978, No. 137, § 1, imd. effective; 2016, July 8, P.L. 497, No. 79, § 8, effective Jan. 1, 2017; 2016, Oct. 4, P.L. 867, No. 103, § 1, retroactive effective Jan. 1, 2015.
20 Pa.C.S.A. § 5604, PA ST 20 Pa.C.S.A. § 5604
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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