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PRINTER'S NO. 774
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
665
Session of
2015
INTRODUCED BY M. K. KELLER, GRELL, BLOOM, COHEN, HARHART,
A. HARRIS, MATZIE, McNEILL, METCALFE, MILLARD, MOUL, MURT,
PICKETT, READSHAW, SAYLOR AND WATSON, MARCH 2, 2015
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 2, 2015
AN ACT
Amending Title 20 (Decedents, Estates and Fiduciaries) of the
Pennsylvania Consolidated Statutes, in powers of attorney,
further providing for general provisions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5601(b)(3), (e.1) and (e.2) of Title 20
of the Pennsylvania Consolidated Statutes are amended to read:
§ 5601. General provisions.
* * *
(b) Execution.--
* * *
(3) For a power of attorney executed on or after the
effective date of this paragraph, the signature or mark of
the principal, or the signature or mark of another individual
signing a power of attorney on behalf of and at the direction
of the principal, shall be:
(i) Acknowledged before a notary public or other
individual authorized by law to take acknowledgments. The
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notary public or other individual authorized by law to
take acknowledgments shall not be the agent designated in
the power of attorney.
(ii) Witnessed by two individuals, each of whom is
18 years of age or older. A witness shall not be the
individual who signed the power of attorney on behalf of
and at the direction of the principal, the agent
designated in the power of attorney or the notary public
or other person authorized by law to take acknowledgments
before whom the power of attorney is acknowledged. For
acknowledgments by an attorney subject to this
subparagraph, the provisions of 57 Pa.C.S. § 316(2.1)
(relating to short form certificates) insofar as they
relate to an attorney as subscribing witness do not
apply.
* * *
(e.1) Limitation on applicability [in commercial
transaction] generally.--
(1.1) Subsections [(b)(3)(ii)] (b)(3), (c) and (d) and
section 5601.3 (relating to agent's duties) do not apply to:
(i) A power contained in an instrument used in a
commercial transaction which authorizes an agency
relationship.
(ii) A power to the extent it is coupled with an
interest in the subject of the power, including a power
given to or for the benefit of a creditor in connection
with a loan or other credit transaction.
(iii) A power exclusively granted to facilitate
transfer of stock, bonds and other assets.
(iv) [A power contained in the governing document
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for a corporation, partnership or limited liability
company or other legal entity by which a director,
partner or member authorizes others to do other things on
behalf of the entity or a proxy or other delegation to
exercise voting rights or management rights with respect
to a legal entity.] A power:
(A) contained in the governing document for a
corporation, partnership or limited liability company
or other legal entity;
(B) authorized by the law that governs the
internal affairs of a legal entity;
(C) by which a director, shareholder, partner,
member or manager authorizes others to do things on
behalf of the entity; or
(D) contained in a proxy or other delegation to
exercise voting rights or management rights with
respect to legal entity.
(v) A warrant of attorney conferring authority to
confess judgment.
(vi) A power given to a dealer as defined by the act
of December 22, 1983 (P.L.306, No.84), known as the Board
of Vehicles Act, when using the power in conjunction with
a sale, purchase or transfer of a vehicle as authorized
by 75 Pa.C.S. § 1119 (relating to application for
certificate of title by agent).
(vii) A power created on a form prescribed by a
Commonwealth agency, political subdivision or an
authority or instrumentality of the Commonwealth or a
political subdivision.
(2) Powers and powers of attorney exempted by this
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subsection need not be dated.
(e.2) Limitation on applicability in health care and mental
health care powers of attorney.--Subsections (b)(3)(i), (c) and
(d) and section 5601.3 [(relating to agent's duties)] do not
apply to a power of attorney which exclusively provides for
health care decision making or mental health care decision
making.
* * *
Section 2. The amendment of 20 Pa.C.S. § 5601(b)(3), (e.1)
and (e.2) shall be retroactive to January 1, 2015.
Section 3. This act shall take effect immediately.
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