Regular Session 2017-2018 House Bill 0299 P.N. 0766

PRINTER'S NO. 766

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

299

Session of

2017

INTRODUCED BY BIZZARRO, KINSEY, MACKENZIE, O'BRIEN, McNEILL,

DRISCOLL, JAMES, ROZZI, BOBACK, CALTAGIRONE, MATZIE, WATSON,

READSHAW, WARD, COX, D. COSTA, MULLERY, MOUL, DEASY, GOODMAN,

McCARTER, GILLEN, FREEMAN, DeLUCA, KORTZ AND PASHINSKI,

MARCH 6, 2017

REFERRED TO COMMITTEE ON JUDICIARY, MARCH 6, 2017

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(c) and (d) and 5604(d) of Title 20

of the Pennsylvania Consolidated Statutes are amended to read:

§ 5601. General provisions.

* * *

following notice in capital letters at the beginning of the

power of attorney. The notice shall be signed by the principal.

In the absence of a signed notice, upon a challenge to the

authority of an agent to exercise a power under the power of

attorney, the agent shall have the burden of demonstrating that

the exercise of this authority is proper.

NOTICE

The purpose of this power of attorney is to give the

person you designate (your "agent") broad powers to handle

your property, which may include powers to sell or otherwise

dispose of any real or personal property without advance

notice to you or approval by you.

This power of attorney does not impose a duty on your

agent to exercise granted powers, but, when powers are

exercised, your agent must use due care to act for your

benefit and in accordance with this power of attorney.

Your agent may exercise the powers given here throughout

your lifetime, even after you become incapacitated, unless

you expressly limit the duration of these powers or you

revoke these powers or a court acting on your behalf

terminates your agent's authority.

Your agent must act in accordance with your reasonable

expectations to the extent actually known by your agent and,

otherwise, in your best interest, act in good faith and act

only within the scope of authority granted by you in the

power of attorney.

The law permits you, if you choose, to grant broad

authority to an agent under power of attorney, including the

ability to give away all of your property while you are alive

or to substantially change how your property is distributed

at your death. Before signing this document, you should seek

the advice of an attorney at law to make sure you understand

it.

A court can take away the powers of your agent if it

finds your agent is not acting properly.

If you believe that you are a victim of financial abuse

20170HB0299PN0766 - 2 -

by your agent and you are a senior citizen, you may call the

Department of Aging, 1-800-490-8505. The hotline is open 24

hours a day, seven days a week.

The powers and duties of an agent under a power of

attorney are explained more fully in 20 Pa.C.S. Ch. 56.

If there is anything about this form that you do not

understand, you should ask a lawyer of your own choosing to

explain it to you.

I have read or had explained to me this notice and I

understand its contents.

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

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

(Principal) (Date)

(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

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.

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

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

20170HB0299PN0766 - 3 -

(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]

(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

20170HB0299PN0766 - 4 -

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.

20170HB0299PN0766 - 5 -