1Amending Title 20 (Decedents, Estates and Fiduciaries) of the
2Pennsylvania Consolidated Statutes, further providing for
3general provisions and for durable powers of attorney.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Sections 5601(d) and 5604(d) of Title 20 of the
7Pennsylvania Consolidated Statutes are amended to read:

8§ 5601. General provisions.

9* * *

10(d) Acknowledgment executed by agent.--An agent shall have
11no authority to act as agent under the power of attorney unless
12the agent has first executed and affixed to the power of
13attorney an acknowledgment in substantially the following form:

14I,	,have read the attached power of

15attorney and am the person identified as the agent for 
16the principal. I hereby acknowledge that in the absence
 

1of a specific provision to the contrary in the power of 
2attorney or in 20 Pa.C.S. when I act as agent:

3I shall exercise the powers for the benefit of the
4principal.

5I shall keep the assets of the principal separate
6from my assets.

7I shall exercise reasonable caution and prudence.

8I shall keep a full and accurate record of all
9actions, receipts and disbursements on behalf of the
10principal.

11Failure to comply with the requirements above could
12result in the filing of criminal charges against me.

13.....................................................

14.............................

...................

15(Agent)

(Date)

16* * *

17§ 5604. Durable powers of attorney.

18* * *

19(d) Discovery of information and records regarding actions
20of agent.--

21(1) If the agency acting pursuant to the act of November 
226, 1987 (P.L.381, No.79), known as the Older Adults 
23Protective Services Act, is denied access to records 
24necessary for the completion of a proper investigation of a 
25report or a client assessment and service plan or the 
26delivery of needed services in order to prevent further 
27abuse, neglect, exploitation or abandonment of the older 
28adult principal reported to be in need of protective 
29services, the agency may petition the court of common pleas 
30for an order requiring the appropriate access when either of
 

1the following conditions applies:

2(i) the older adult principal has provided written
3consent for confidential records to be disclosed and the
4agent denies access; [or]

5(ii) the agency can demonstrate that the older adult
6principal has denied or directed the agent to deny access
7to the records because of incompetence, coercion,
8extortion or justifiable fear of future abuse, neglect,
9exploitation or abandonment[.]; or

10(iii) the agency has a reasonable suspicion to
11believe a crime has been committed and can demonstrate
12that the older adult principal is mentally incapacitated.

13(2) This petition may be filed in the county wherein the
14agent resides or has his principal place of business or, if a
15nonresident, in the county wherein the older adult principal
16resides. The court, after reasonable notice to the agent and
17to the older adult principal, may conduct a hearing on the
18petition.

19(3) Upon the failure of the agent to provide the
20requested information, the court may make and enforce such
21further orders.

22(4) A determination to grant or deny an order, whether
23in whole or in part, shall not be considered a finding
24regarding the competence, capacity or impairment of the older
25adult principal, nor shall the granting or denial of an order
26preclude the availability of other remedies involving
27protection of the person or estate of the older adult
28principal or the rights and duties of the agent.

29* * *

30Section 2. This act shall take effect in 60 days.