2010 Pennsylvania Code
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Chapter 56 - Powers of Attorney
5604 - Durable powers of attorney.

     § 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.
        (c)  Relation of agent to court-appointed guardian.--
            (1)  If, following execution of a durable power of
        attorney, the principal is adjudicated an incapacitated
        person and a guardian is appointed for his estate, the agent
        is accountable to the guardian as well as to the principal.
        The guardian shall have the same power to revoke or amend the
        power of attorney that the principal would have had if he
        were not an incapacitated person.
            (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.
        (d)  Discovery of information and records regarding actions
     of agent.--
            (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, 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:
                (i)  the older adult principal has provided written
            consent for confidential records to be disclosed and the
            agent denies access; or
                (ii)  the agency can demonstrate that the older adult
            principal has denied or directed the agent to deny access
            to the records because of incompetence, coercion,
            extortion or justifiable fear of future abuse, neglect,
            exploitation or abandonment.
            (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.
            (3)  Upon the failure of the agent to provide the
        requested information, the court may make and enforce such
        further orders.
            (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.
        (e)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "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.
     (Apr. 16, 1992, P.L.108, No.24, eff. 60 days; Dec. 16, 1992,
     P.L.1163, No.152, eff. imd.; Oct. 12, 1999, P.L.422, No.39, eff.
     60 days; Dec. 20, 2000, P.L.978, No.137, eff. imd.)

        2000 Amendment.  Act 137 added subsecs. (d) and (e).
        1999 Amendment.  See section 13(8) of Act 39 in the appendix
     to this title for special provisions relating to applicability.
        1992 Amendments.  See section 21 of Act 24 in the appendix to
     this title for special provisions relating to applicability. See
     section 27(b) of Act 152 in the appendix to this title for
     special provisions relating to applicability.
        Cross References.  Section 5604 is referred to in sections
     2206, 5601.1, 6202 of this title.