SENATE AMENDED
PRIOR PRINTER'S NOS. 222, 1697, 3710, PRINTER'S NO. 3956
3738
No. 227 Session of 1999
INTRODUCED BY SATHER, SCHULER, YOUNGBLOOD, GEIST, BAKER, HERMAN,
PESCI, DEMPSEY, FAIRCHILD, E. Z. TAYLOR, SAYLOR, TRELLO,
STERN, TIGUE, SEYFERT, HESS, McCALL, SEMMEL, HARHAI, CLYMER,
WILT, M. COHEN, ROSS AND WASHINGTON, FEBRUARY 1, 1999
SENATOR LOEPER, RULES AND EXECUTIVE NOMINATIONS, IN SENATE, RE-
REPORTED AS AMENDED, SEPTEMBER 26, 2000
AN ACT
1 Amending Title 20 (Decedents, Estates and Fiduciaries) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 durable powers of attorney.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 5604 of Title 20 of the Pennsylvania
7 Consolidated Statutes is amended by adding a subsection <--
8 SUBSECTIONS to read: <--
9 § 5604. Durable powers of attorney.
10 * * *
11 (d) Discovery of information and records regarding actions
12 of attorney-in-fact AGENT.-- <--
13 (1) If the agency DEPARTMENT OF AGING AGENCY, as defined <--
14 ACTING pursuant to the act of November 6, 1987 (P.L.381, <--
15 No.79), known as the Older Adults Protective Services Act, is
16 denied access to records necessary for the completion of a
1 proper investigation of a report or a client assessment and
2 service plan or the delivery of needed services in order to
3 prevent further abuse, neglect, exploitation or abandonment
4 of the older adult PRINCIPAL reported to be in need of <--
5 protective services, the agency DEPARTMENT OF AGING AGENCY <--
6 may petition the court of common pleas for an order requiring
7 the appropriate access when either of the following
8 conditions applies:
9 (i) the older adult PRINCIPAL has provided written <--
10 consent for confidential records to be disclosed and the
11 keeper of the records AGENT denies access; or <--
12 (ii) the agency DEPARTMENT OF AGING AGENCY can <--
13 demonstrate that the older adult PRINCIPAL has denied OR <--
14 DIRECTED THE AGENT TO DENY access to the records because
15 of incompetence, coercion, extortion or justifiable fear
16 of future abuse, neglect, exploitation or abandonment.
17 (2) This petition may be filed in the county wherein the
18 attorney-in-fact AGENT resides or has his principal place of <--
19 business, or, if a nonresident, in the county wherein the
20 OLDER ADULT principal resides., or, if a guardian has been <--
21 appointed for the principal, in the court which made the
22 appointment. The court, after reasonable notice to the
23 attorney-in-fact AGENT and to the OLDER ADULT principal if no <--
24 guardian has been appointed, otherwise to the guardian, may
25 conduct a hearing on the petition.
26 (3) Upon the failure of the attorney-in-fact AGENT to <--
27 provide the requested information, the court may make and
28 enforce such further orders respecting discovery. <--
29 (4) A determination to grant or deny AN ORDER, WHETHER <--
30 in whole or in part, discovery sought shall not be considered <--
19990H0227B3956 - 2 -
1 a finding regarding the competence, capacity or impairment of
2 the OLDER ADULT principal, nor shall the granting or denial <--
3 of discovery AN ORDER preclude the availability of other <--
4 remedies involving protection of the person or estate of the
5 OLDER ADULT principal or the rights and duties of the <--
6 attorney-in-fact AGENT. <--
7 (E) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING <--
8 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
9 SUBSECTION:
10 "ABANDONMENT." AS THAT TERM IS DEFINED IN THE ACT OF
11 NOVEMBER 6, 1987 (P.L.381, NO.79), KNOWN AS THE OLDER ADULTS
12 PROTECTIVE SERVICES ACT.
13 "ABUSE." AS THAT TERM IS DEFINED IN THE ACT OF NOVEMBER 6,
14 1987 (P.L.381, NO.79), KNOWN AS THE OLDER ADULTS PROTECTIVE
15 SERVICES ACT.
16 "AGENCY." AS THAT TERM IS DEFINED IN THE ACT OF NOVEMBER 6,
17 1987 (P.L.381, NO.79), KNOWN AS THE OLDER ADULTS PROTECTIVE
18 SERVICES ACT, EXCEPT THAT IN CITIES OF THE FIRST CLASS THE TERM
19 SHALL MEAN THE DEPARTMENT OF AGING.
20 "EXPLOITATION." AS THAT TERM IS DEFINED IN THE ACT OF
21 NOVEMBER 6, 1987 (P.L.381, NO.79), KNOWN AS THE OLDER ADULTS
22 PROTECTIVE SERVICES ACT.
23 "NEGLECT." AS THAT TERM IS DEFINED IN THE ACT OF NOVEMBER 6,
24 1987 (P.L.381, NO.79), KNOWN AS THE OLDER ADULTS PROTECTIVE
25 SERVICES ACT.
26 "OLDER ADULT PRINCIPAL." A PRINCIPAL WHO IS 60 YEARS OF AGE
27 OR OLDER.
28 Section 2. This act shall take effect immediately.
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