2012 Pennsylvania Consolidated Statutes
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Chapter 56 - Powers of Attorney
Section 5602 - Form of power of attorney

§ 5602.  Form of power of attorney.

(a)  Specification of powers.--A principal may, by inclusion of the language quoted in any of the following paragraphs or by inclusion of other language showing a similar intent on the part of the principal, empower an agent to do any or all of the following, each of which is defined in section 5603 (relating to implementation of power of attorney):

(1)  "To make limited gifts."

(2)  "To create a trust for my benefit."

(3)  "To make additions to an existing trust for my benefit."

(4)  "To claim an elective share of the estate of my deceased spouse."

(5)  "To disclaim any interest in property."

(6)  "To renounce fiduciary positions."

(7)  "To withdraw and receive the income or corpus of a trust."

(8)  "To authorize my admission to a medical, nursing, residential or similar facility and to enter into agreements for my care."

(9)  "To authorize medical and surgical procedures."

(10)  "To engage in real property transactions."

(11)  "To engage in tangible personal property transactions."

(12)  "To engage in stock, bond and other securities transactions."

(13)  "To engage in commodity and option transactions."

(14)  "To engage in banking and financial transactions."

(15)  "To borrow money."

(16)  "To enter safe deposit boxes."

(17)  "To engage in insurance transactions."

(18)  "To engage in retirement plan transactions."

(19)  "To handle interests in estates and trusts."

(20)  "To pursue claims and litigation."

(21)  "To receive government benefits."

(22)  "To pursue tax matters."

(23)  "To make an anatomical gift of all or part of my body."

(b)  Appointment of agent and successor agent.--A principal may provide for:

(1)  The appointment of more than one agent, who shall act jointly, severally or in any other combination that the principal may designate, but if there is no such designation, such agents shall only act jointly.

(1.1)  The delegation of one or more powers by the agent to such person or persons as the agent may designate and on terms as the power of attorney may specify.

(2)  The appointment of one or more successor agents who shall serve in the order named in the power of attorney, unless the principal expressly directs to the contrary.

(3)  The delegation to an original or successor agent of the power to appoint his successor or successors.

(c)  Filing of power of attorney.--An executed copy of the power of attorney may be filed with the clerk of the orphans' court division of the court of common pleas in the county in which the principal resides, and if it is acknowledged, it may be recorded in the office for the recording of deeds of the county of the principal's residence and of each county in which real property to be affected by an exercise of the power is located. The clerk of the orphans' court division or any office for the recording of deeds with whom the power has been filed, may, upon request, issue certified copies of the power of attorney. Each such certified copy shall have the same validity and the same force and effect as if it were the original, and it may be filed of record in any other office of this Commonwealth (including, without limitation, the clerk of the orphans' court division or the office for the recording of deeds) as if it were the original.

(Dec. 16, 1992, P.L.1163, No.152, eff. imd.; Dec. 1, 1994, P.L.655, No.102, eff. 90 days; Oct. 12, 1999, P.L.422, No.39, eff. 60 days)

1999 Amendment.  See section 13(5) and (8) of Act 39 in the appendix to this title for special provisions relating to applicability.

1994 Amendment.  Section 10 of Act 102 provided that the amendment shall apply beginning with the effective date of Act 102.

1992 Amendment.  Section 27(e) of Act 152 provided that the amendments to subsecs. (a)(10), (11), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21) and (22) and (b)(1.1) shall apply beginning with the effective date of Act 152.

Cross References.  Section 5602 is referred to in sections 5601, 5601.2 of this title.