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PRINTER'S NO. 298
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
299
Session of
2015
INTRODUCED BY BIZZARRO, COHEN, KOTIK, SCHLOSSBERG, O'BRIEN,
McNEILL, FREEMAN, GODSHALL, DAVIDSON, YOUNGBLOOD, MATZIE,
DEASY, KORTZ, SNYDER, MURT, PETRI, MULLERY, THOMAS, WATSON,
ROZZI, KINSEY, FLYNN, BISHOP, QUINN, D. COSTA, HARKINS, KIM,
SONNEY, BROWNLEE, DAVIS, BLOOM, MAHONEY, FABRIZIO AND
McCARTER, FEBRUARY 2, 2015
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 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 and for durable
powers of attorney.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 5601(d) and 5604(d) of Title 20 of the
Pennsylvania Consolidated Statutes are amended to read:
§ 5601. General provisions.
* * *
(d) Acknowledgment executed by agent.--An agent shall have
no authority to act as agent under the power of attorney unless
the agent has first executed and affixed to the power of
attorney an acknowledgment in substantially the following form:
I, , have read the attached power of
attorney and am the person identified as the agent for
the principal. I understand that if any intentional act
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or omission on my part as the agent causes harm to the
principal, I may be subject to criminal penalties. I
hereby acknowledge that when I act as agent:
I shall act in accordance with the principal's
reasonable expectations to the extent actually known by
me and, otherwise, in the principal's best interest, act
in good faith and act only within the scope of authority
granted to me by the principal in the power of attorney.
........................................................
............................... ......................
(Agent) (Date)
* * *
§ 5604. Durable powers of attorney.
* * *
(d) Discovery of information and records regarding actions
of agent.--
(1) If the agency acting pursuant to the act of November
6, 1987 (P.L.381, No.79), known as the Older Adults
Protective Services Act, is denied access to records
necessary for the completion of a proper investigation of a
report or a client assessment and service plan or the
delivery of needed services in order to prevent further
abuse, neglect, exploitation or abandonment of the older
adult principal reported to be in need of protective
services, the agency may petition the court of common pleas
for an order requiring the appropriate access when [either]
any of the following conditions [applies] are met:
(i) the older adult principal has provided written
consent for confidential records to be disclosed and the
agent denies access; [or]
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(ii) the agency can demonstrate that the older adult
principal has denied or directed the agent to deny access
to the records because of incompetence, coercion,
extortion or justifiable fear of future abuse, neglect,
exploitation or abandonment[.]; or
(iii) the agency has a good faith belief that a
crime has been committed and alleges that the principal
lacks the capacity to provide consent to the release of
confidential records.
(2) This petition may be filed in the county wherein the
agent resides or has his principal place of business or, if a
nonresident, in the county wherein the older adult principal
resides. The court, after reasonable notice to the agent and
to the older adult principal, may conduct a hearing on the
petition.
(3) Upon the failure of the agent to provide the
requested information, the court may make and enforce such
further orders.
(4) A determination to grant or deny an order, whether
in whole or in part, shall not be considered a finding
regarding the competence, capacity or impairment of the older
adult principal, nor shall the granting or denial of an order
preclude the availability of other remedies involving
protection of the person or estate of the older adult
principal or the rights and duties of the agent.
* * *
Section 2. This act shall take effect in 60 days.
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