2010 Pennsylvania Code
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Chapter 56 - Powers of Attorney
5601.2 - Special rules for gifts.

     § 5601.2.  Special rules for gifts.
        (a)  General rule.--A principal may empower an agent to make
     a gift in a power of attorney only as provided in this section.
        (b)  Limited gifts.--A principal may authorize an agent to
     make a limited gift as defined under section 5603(a)(2)
     (relating to implementation of power of attorney) by the
     inclusion of:
            (1)  the language quoted in section 5602(a)(1) (relating
        to form of power of attorney); or
            (2)  other language showing a similar intent on the part
        of the principal to empower the agent to make a limited gift.
        (c)  Unlimited gifts.--A principal may authorize an agent to
     make any other gift only by specifically providing for and
     defining the agent's authority in the power of attorney.
        (d)  Nature of gifts.--In the absence of a specific provision
     to the contrary in the power of attorney:
            (1)  A power to make a limited gift shall be construed to
        empower the agent to make a gift to each donee either
        outright or in trust.
            (2)  In the case of any gift to a minor, that gift may be
        made in trust or in accordance with Chapter 53 (relating to
        Pennsylvania Uniform Transfers to Minors Act) or section 5155
        (relating to order of court).
            (3)  In the case of any gift made in trust, the agent may
        execute a deed of trust for such purpose, designating one or
        more persons, including the agent, as original or successor
        trustees, or may make an addition to an existing trust.
            (4)  In making any gift, the agent need not treat the
        donees equally or proportionately and may entirely exclude
        one or more permissible donees.
            (5)  The pattern followed on the occasion of any gift
        need not be followed on the occasion of any other gift.
        (e)  Equity.--An agent and the donee of a gift shall be
     liable as equity and justice may require to the extent that, as
     determined by the court, a gift made by the agent is
     inconsistent with prudent estate planning or financial
     management for the principal or with the known or probable
     intent of the principal with respect to disposition of the
     estate.
        (f)  Third party.--No transfer agent, depository or other
     third party acting in good faith shall have any responsibility
     to see to the proper discharge of the agent's duty.
     (Oct. 12, 1999, P.L.422, No.39, eff. 60 days)

        1999 Amendment.  Act 39 added section 5601.2. See section
     13(1), (4) and (8) of Act 39 in the appendix to this title for
     special provisions relating to applicability.