PRINTER'S NO. 1882
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1207
Session of
2018
INTRODUCED BY HAYWOOD, YAW, GREENLEAF, KILLION, TARTAGLIONE,
VULAKOVICH, RAFFERTY, McGARRIGLE, COSTA, BROWNE AND YUDICHAK,
JUNE 14, 2018
REFERRED TO JUDICIARY, JUNE 14, 2018
AN ACT
Amending Title 20 (Decedents, Estates and Fiduciaries) of the
Pennsylvania Consolidated Statutes, in powers of attorney,
providing for judicial relief.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 20 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 5615. Judicial relief.
(a) Petitioner.--Any of the following may petition a court
to construe a power of attorney or review the agent's conduct
and grant appropriate relief:
(1) The principal or the agent.
(2) A guardian, conservator or other fiduciary acting
for the principal.
(3) A person authorized to make health care decisions
for the principal.
(4) The principal's spouse, parent or descendant.
(5) An individual who could qualify as a presumptive
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heir of the principal.
(6) A person named as a beneficiary:
(i) to receive any property, benefit or contractual
right on the principal's death; or
(ii) of a trust created by or for the principal that
has a financial interest in the principal's estate.
(7) A governmental agency having regulatory authority to
protect the welfare of the principal.
(8) The principal's caregiver or another person that
demonstrates sufficient interest in the principal's welfare.
(9) A person asked to accept the power of attorney.
(b) Principal.--Upon motion by the principal, the court
shall dismiss a petition filed under this section, unless the
court finds that the principal lacks capacity to revoke the
agent's authority or the power of attorney.
Section 2. This act shall take effect in 60 days.
20180SB1207PN1882 - 2 -
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