§ 5608.1. Liability for refusal to accept power of attorney.

760 words·~3 min read·/pa/title-20/chapter-56/5608-1

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Acceptance required.-- Except as provided under subsections

(b)and (d):

(1)A person shall either:

(i)accept a power of attorney; or

(ii)request one of the following:

(A)an affidavit under section 5606 (relating to proof of continuance of powers of attorney by affidavit); or

(B)a certification, translation or an opinion of counsel under section 5608(e) (relating to acceptance of and reliance upon power of attorney);

not later than seven business days after presentation of the power of attorney for acceptance.

(2)If a person requests a certification, a translation, an affidavit under section 5606 or an opinion of counsel under section 5608(e), the person shall accept the power of attorney not later than five business days after receipt of the certification, translation, affidavit or opinion of counsel or unless the information provided by the certification, translation, affidavit or opinion of counsel provides a substantial basis for making a further request under section 5606 or 5608(e).

(3)A person may not require an additional or different form of power of attorney for authority granted in the power of attorney presented.

(b)Acceptance not required.-- A person may not be required to accept a power of attorney if any of the following applies:

(1)The person is not otherwise required to engage in a transaction with the principal in the same circumstances.

(2)Engaging in a transaction with the agent or the principal in the same circumstances would be inconsistent with any provisions of this chapter, including:

(i)the failure of the power of attorney to be executed in the manner required under section 5601(b) (relating to general provisions); and

(ii)circumstances in which an agent has no authority to act because of the absence of an acknowledgment as provided under section 5601(d), except as provided under section 5601(e.1) or (e.2).

(3)Engaging in a transaction with the agent in the same circumstances would be inconsistent with any other law or regulation.

(4)The person has actual knowledge of the termination of the agent's authority or of the power of attorney before exercise of the power.

(5)A request for a certification, a translation, an affidavit under section 5606 or an opinion of counsel under section 5608(e) is refused, including a certification, an affidavit or an opinion of counsel requested to demonstrate that the exercise of authority pursuant to a power of attorney is proper without the notice provided for under section 5601(c), except as provided under section 5601(e.1) or (e.2).

(6)The person in good faith believes that the power of attorney is not valid or the agent does not have the authority to perform the act requested, whether or not a certification, a translation, an affidavit under section 5606 or an opinion of counsel under section 5608(e) has been requested or provided.

(7)The person makes a report to the local protective services agency under section 302 of the act of November 6, 1987 (P.L.381, No.79), known as the Older Adults Protective Services Act, stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation or abandonment by the agent or someone acting for or with the agent.

(8)The person has actual knowledge that another person has made a report to the local protective services agency under section 302 of the Older Adults Protective Services Act stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation or abandonment by the agent or someone acting for or with the agent.

(c)Violation.-- A person who refuses, in violation of this section, to accept a power of attorney shall be subject to:

(1)Civil liability for pecuniary harm to the economic interests of the principal proximately caused by the person's refusal to comply with the instructions of the agent designated in the power of attorney.

(2)A court order mandating acceptance of the power of attorney.

(d)Nonapplicability.-- The requirements and penalties of this section shall not apply to:

(1)a power of attorney subject to the laws of another state or jurisdiction; or

(2)a power of attorney prescribed by a government or governmental subdivision, agency or instrumentality for a governmental purpose.

20c5608.1v

(July 2, 2014, P.L.855, No.95, eff. imd.)

2014 Amendment. Act 95 added section 5608.1. See section 9 of Act 95 in the appendix to this title for special provisions relating to application of law.

Cross References. Section 5608.1 is referred to in section 5608.2 of this title.

20c5608.2s