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05/14/2024 04:35 AM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20130&cosponId=9978
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House Co-Sponsorship Memoranda

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House of Representatives
Session of 2013 - 2014 Regular Session

MEMORANDUM

Posted: December 12, 2012 11:57 AM
From: Representative Kevin Haggerty
To: All House members
Subject: Co-sponsor: Power of Attorney Exploitation Protection for Seniors
 

In the near future I intend to re-introduce legislation that protects seniors from being exploited by a designated power of attorney. This legislation was previously introduced by former Representative Kevin Murphy (HB's 95 oh 2011-12, HB 288 of 2009-10 session).

Specifically, this bill broadens the definition of "exploitation" under the Older Adults Protective Services Act to include an individual acting under a power of attorney.

In the definition of "exploitation", language is added to say that an act or course of conduct by an individual acting under a power of attorney, against an older adult or an older adult’s resources.

The effect of this proposal is to clearly state that a local area agency on aging shall have the authority to investigate and access records if there is reasonable cause to believe that an individual acting under a power of attorney is exploiting the older person or their resources.

It is important to note that the PA Association of Area Agencies on Aging supported HB 92 (2011-12); it is my intent to request they support this coming session's version as well, as it will be identical.

Please email Steph in my office if you have any questions on this legislation.

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Introduced as HB130