§ 5608.1. Liability for refusal to accept power of attorney
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 20 Pa.C.S.A. Decedents, Estates and FiduciariesEffective: July 2, 2014
Effective: July 2, 2014
20 Pa.C.S.A. § 5608.1
§ 5608.1. Liability for refusal to accept power of attorney
not later than seven business days after presentation of the power of attorney for acceptance.
(2) If a person requests a certification, a translation, an affidavit under section 5606 or an opinion of counsel under section 5608(e), the person shall accept the power of attorney not later than five business days after receipt of the certification, translation, affidavit or opinion of counsel or unless the information provided by the certification, translation, affidavit or opinion of counsel provides a substantial basis for making a further request under section 5606 or 5608(e).
(5) A request for a certification, a translation, an affidavit under section 5606 or an opinion of counsel under section 5608(e) is refused, including a certification, an affidavit or an opinion of counsel requested to demonstrate that the exercise of authority pursuant to a power of attorney is proper without the notice provided for under section 5601(c), except as provided under section 5601(e.1) or (e.2).
(6) The person in good faith believes that the power of attorney is not valid or the agent does not have the authority to perform the act requested, whether or not a certification, a translation, an affidavit under section 5606 or an opinion of counsel under section 5608(e) has been requested or provided.
(7) The person makes a report to the local protective services agency under section 302 of the act of November 6, 1987 (P.L. 381, No. 79),1 known as the Older Adults Protective Services Act, stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation or abandonment by the agent or someone acting for or with the agent.
(8) The person has actual knowledge that another person has made a report to the local protective services agency under section 302 of the Older Adults Protective Services Act stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation or abandonment by the agent or someone acting for or with the agent.
Credits
2014, July 2, P.L. 855, No. 95, § 6, imd. effective.
Footnotes
35 P.S. § 10225.302.
20 Pa.C.S.A. § 5608.1, PA ST 20 Pa.C.S.A. § 5608.1
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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