reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 55 - Incapacitated Persons › Section 5513 - Emergency guardian

§ 5513. Emergency guardian.
Notwithstanding the provisions of section 5511 (relating to petition and hearing; independent evaluation), the court, upon petition and a hearing at which clear and convincing evidence is shown, may appoint an emergency guardian or guardians of the person or estate of a person alleged to be incapacitated, when it appears that the person lacks capacity, is in need of a guardian and a failure to make such appointment will result in irreparable harm to the person or estate of the alleged incapacitated person. The provisions of section 5511, including those relating to counsel, shall be applicable to such proceedings, except when the court has found that it is not feasible in the circumstances. An emergency guardian so appointed for the person or estate of an alleged incapacitated person shall only have and be subject to such powers, duties and liabilities and serve for such time as the court shall direct in its decree. An emergency order appointing an emergency guardian of the person may be in effect for up to 72 hours. If the emergency continues, then the emergency order may be extended for no more than 20 days from the expiration of the initial emergency order. After expiration of the emergency order or any extension, a full guardianship proceeding must be initiated pursuant to section 5511. The court may also appoint an emergency guardian of the person pursuant to this section for an alleged incapacitated person who is present in this Commonwealth but is domiciled outside of this Commonwealth, regardless of whether the alleged incapacitated person has property in this Commonwealth. An emergency order appointing an emergency guardian of the estate shall not exceed 30 days. After 30 days, a full guardianship proceeding must be initiated pursuant to section 5511.
(Apr. 16, 1992, P.L.108, No.24, eff. 60 days)
1992 Amendment.
See section 21 of Act 24 in the appendix to this title for special provisions relating to applicability.
Cross References.
Section 5513 is referred to in section 5914 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 55 - Incapacitated Persons › Section 5514 - To fill vacancy; co-guardian

§ 5514. To fill vacancy; co-guardian.
The court, after such notice to parties in interest as it shall direct, may without a hearing appoint a succeeding guardian to fill a vacancy in the office of guardian or may appoint a co-guardian of the estate of an incapacitated person. Where the vacating guardian was a parent who is now deceased, any testamentary nominee of the parent shall be given preference by the court.
(Apr. 16, 1992, P.L.108, No.24, eff. 60 days)
1992 Amendment.
See section 21 of Act 24 in the appendix to this title for special provisions relating to applicability.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 55 - Incapacitated Persons › Section 5515 - Provisions similar to other estates

§ 5515. Provisions similar to other estates.
The provisions relating to a guardian of an incapacitated person and his surety shall be the same as are set forth in the following provisions of this title relating to a personal representative or a guardian of a minor and their sureties:
Section 3182 (relating to grounds for removal).
Section 3183 (relating to procedure for and effect of removal).
Section 3184 (relating to discharge of personal representative and surety).
Section 5115 (relating to appointment of guardian in conveyance).
Section 5121 (relating to necessity, form and amount).
Section 5122 (relating to when bond not required).
Section 5123 (relating to requiring or changing amount of bond).
(Dec. 10, 1974, P.L.867, No.293, eff. imd; Feb. 18, 1982, P.L.45, No.26, eff. imd.; Apr. 16, 1992, P.L.108, No.24, eff. 60 days)
1992 Amendment.
See section 21 of Act 24 in the appendix to this title for special provisions relating to applicability.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 55 - Incapacitated Persons › Section 5516 - Fiduciary estate

§ 5516. Fiduciary estate.
The court, in its discretion, upon the application of any party in interest, in addition to any bond required for the incapacitated person's individual estate, may require a separate bond in the name of the Commonwealth, with sufficient surety, in such amount as the court shall consider necessary for the protection of the parties in interest in an estate of which the incapacitated person is serving in the capacity as a fiduciary and conditioned in the following form:
(1) When one guardian.--
The condition of this obligation is that, if the said guardian shall well and truly account for property held by the incapacitated person as fiduciary according to law, this obligation shall be void; but otherwise it shall remain in force.
(2) When two or more guardians.--
The condition of this obligation is that, if the said guardians or any of them shall well and truly account for property held by the incapacitated person as fiduciary according to law, this obligation shall be void as to the guardian or guardians who shall so account; but otherwise it shall remain in force.
(Apr. 16, 1992, P.L.108, No.24, eff. 60 days)
1992 Amendment.
See section 21 of Act 24 in the appendix to this title for special provisions relating to applicability.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 55 - Incapacitated Persons › Section 5517 - Adjudication of capacity and modification of existing orders

§ 5517. Adjudication of capacity and modification of existing orders.
The court, after a hearing under section 5512.2 (relating to review hearing), may order that a person previously adjudged incapacitated is no longer incapacitated or the court may find that the incapacitated person has regained or lost capacity in certain areas in which case the court shall modify the existing guardianship order.
(Apr. 16, 1992, P.L.108, No.24, eff. 60 days)
1992 Amendment.
See section 21 of Act 24 in the appendix to this title for special provisions relating to applicability.
Cross References.
Section 5517 is referred to in section 8123 of Title 35 (Health and Safety).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 55 - Incapacitated Persons › Section 5518 - Evidence of incapacity

§ 5518. Evidence of incapacity.
To establish incapacity, the petitioner must present testimony, in person or by deposition from individuals qualified by training and experience in evaluating individuals with incapacities of the type alleged by the petitioner, which establishes the nature and extent of the alleged incapacities and disabilities and the person's mental, emotional and physical condition, adaptive behavior and social skills. The petition must also present evidence regarding the services being utilized to meet essential requirements for the alleged incapacitated person's physical health and safety, to manage the person's financial resources or to develop or regain the person's abilities; evidence regarding the types of assistance required by the person and as to why no less restrictive alternatives would be appropriate; and evidence regarding the probability that the extent of the person's incapacities may significantly lessen or change.
(Apr. 16, 1992, P.L.108, No.24, eff. 60 days)
1992 Amendment.
See section 21 of Act 24 in the appendix to this title for special provisions relating to applicability.
Cross References.
Section 5518 is referred to in section 5511 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 55 - Incapacitated Persons › Section 5518.1 - Cross-examination of witnesses

§ 5518.1. Cross-examination of witnesses.
Testimony as to the capacity of the alleged incapacitated person shall be subject to cross-examination by counsel for the alleged incapacitated person.
(Apr. 16, 1992, P.L.108, No.24, eff. 60 days)
1992 Amendment.
Act 24 added section 5518.1. See section 21 of Act 24 in the appendix to this title for special provisions relating to applicability.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 55 - Incapacitated Persons › Section 5522 - Power to lease

§ 5522. Power to lease.
A guardian may lease any real or personal property of the incapacitated person for a term not exceeding five years after its execution.
(Apr. 16, 1992, P.L.108, No.24, eff. 60 days)
1992 Amendment.
See section 21 of Act 24 in the appendix to this title for special provisions relating to applicability.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 55 - Incapacitated Persons › Section 5523 - Collateral attack

§ 5523. Collateral attack.
No decree entered pursuant to this chapter shall be subject to collateral attack on account of any irregularity if the court which entered it had jurisdiction to do so.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 55 - Incapacitated Persons › Section 5524 - Effect of determination of incapacity

§ 5524. Effect of determination of incapacity.
A partially incapacitated person shall be incapable of making any contract or gift or any instrument in writing in those specific areas in which the person has been found to be incapacitated. A totally incapacitated person shall be incapable of making any contract or gift or any instrument in writing. This section shall not impair the interest in real estate acquired by a bona fide grantee of, or a bona fide holder of a lien on, real estate in a county other than that in which the decree establishing the incapacity is entered, unless the decree or a duplicate original or certified copy thereof is recorded in the office of the recorder of deeds in the county in which the real estate lies before the recording or entering of the instrument or lien under which the grantee or lienholder claims.
(Apr. 16, 1992, P.L.108, No.24, eff. 60 days)
1992 Amendment.
See section 21 of Act 24 in the appendix to this title for special provisions relating to applicability.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 55 - Incapacitated Persons › Section 5525 - Notice to Commonwealth and political subdivisions

§ 5525. Notice to Commonwealth and political subdivisions.
When the Commonwealth or a political subdivision thereof has a claim for maintaining an incapacitated person in an institution, the guardian, within three months of his appointment, shall give notice thereof to the Department of Public Welfare or the proper officer of such political subdivision, as the case may be.
(Apr. 16, 1992, P.L.108, No.24, eff. 60 days)
1992 Amendment.
See section 21 of Act 24 in the appendix to this title for special provisions relating to applicability.
References
in Text.
The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 55 - Incapacitated Persons › Section 5531 - When accounting filed

§ 5531. When accounting filed.
A guardian shall file an account of his administration whenever directed to do so by the court or may file an account at the termination of the guardianship, or at any other time or times authorized by the court.
(Apr. 28, 1978, P.L.77, No.37, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 55 - Incapacitated Persons › Section 5533 - Notice, audits, reviews and distribution

§ 5533. Notice, audits, reviews and distribution.
The provisions concerning accounts, audits, reviews, distribution and rights of distributees in an incapacitated person's estate shall be the same as those set forth in the following provisions of this title for the administration of a decedent's or minor's estate:
Section 3503 (relating to notice to parties in interest).
Section 3504 (relating to representation of parties in interest).
Section 3511 (relating to audits in counties having separate orphans' court division).
Section 3512 (relating to audits in counties having no separate orphans' court division).
Section 3513 (relating to statement of proposed distribution).
Section 3514 (relating to confirmation of account and approval of proposed distribution).
Section 3521 (relating to rehearing; relief granted).
Section 3532(c) (relating to record of risk distributions).
Section 3533 (relating to award upon final confirmation of account).
Section 3534 (relating to distribution in kind).
Section 3536 (relating to recording and registering decrees awarding real estate).
Section 3544 (relating to liability of personal representative for interest).
Section 3545 (relating to transcripts of balances due by personal representative).
Section 5167 (relating to failure to present claim at audit).
(Apr. 28, 1978, P.L.77, No.37, eff. 60 days; Apr. 16, 1992, P.L.108, No.24, eff. 60 days)
1992 Amendment.
See section 21 of Act 24 in the appendix to this title for special provisions relating to applicability.
References in Text.
Section 3504, referred to in this section, is repealed. The subject matter is now contained in section 751(6).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 55 - Incapacitated Persons › Section 5533.1 - Account of personal representative of deceased incompetent (Repealed)

§ 5533.1. Account of personal representative of deceased incompetent (Repealed).
1984 Repeal.
Section 5533.1 was repealed October 12, 1984, P.L.929, No.182, effective immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 55 - Incapacitated Persons › Section 5534 - Recognition of claims

§ 5534. Recognition of claims.
Upon the audit of the account of the guardian of a person who has died during incapacity, the auditing judge or auditor passing on the account shall not pass upon any claims against the estate of the incapacitated person other than necessary administration expenses, including compensation of the guardian and his attorney. All claims remaining unpaid at the incapacitated person's death shall be presented to the personal representative.
(Apr. 16, 1992, P.L.108, No.24, eff. 60 days)
1992 Amendment.
See section 21 of Act 24 in the appendix to this title for special provisions relating to applicability.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 55 - Incapacitated Persons › Section 5535 - Disposition of trust income

§ 5535. Disposition of trust income.
Except as otherwise provided by the trust instrument, the trustee of an inter vivos or testamentary trust, with the approval of the court having jurisdiction of the trust, may pay income distributable to a beneficiary who is an incapacitated person for whose estate no guardian has been appointed directly to the incapacitated person, or expend and apply it for his care and maintenance or the care, maintenance and education of his dependents.
(Apr. 16, 1992, P.L.108, No.24, eff. 60 days)
1992 Amendment.
See section 21 of Act 24 in the appendix to this title for special provisions relating to applicability.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 55 - Incapacitated Persons › Section 5537 - Reserve for funeral

§ 5537. Reserve for funeral.
(a) In general.--
The court may authorize the guardian to retain such assets as are deemed appropriate for the anticipated expense of the incapacitated person's funeral, including the cost of a burial lot or other resting place, which shall be exempt from all claims including claims of the Commonwealth. The court with notice thereof to the institution or person having custody of the incapacitated person may also authorize the guardian or another person to set aside such assets in the form of a savings account in a financial institution which account shall not be subject to escheat during the lifetime of the incapacitated person. Such assets may be disbursed by the guardian or person who set aside such assets or by the financial institution for such funeral expenses without further authorization or accounting. Any part of such assets not so disbursed shall constitute a part of the deceased incapacitated person's estate. Should the incapacitated person become capacitated or should such assets become excessive, the court, upon petition of any party in interest, may make such order as the circumstances shall require.
(b) Definition.--
As used in this section, "financial institution" includes a bank, a bank and trust company, a trust company, a savings and loan association, a building and loan association, a savings bank, a private bank and a national bank.
(Feb. 18, 1982, P.L.45, No.26, eff. imd.; Apr. 16, 1992, P.L.108, No.24, eff. 60 days)
1992 Amendment.
See section 21 of Act 24 in the appendix to this title for special provisions relating to applicability.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 55 - Incapacitated Persons › Section 5551 - Guardianship support agencies; legislative intent

§ 5551. Guardianship support agencies; legislative intent.
The General Assembly finds that there is a need for agencies to provide services, as an alternative to guardianship, to individuals whose decision-making ability is impaired, to serve as guardian when an individual is found to need a guardian and no other person is willing and qualified to serve and to provide services to courts, guardians and others.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 55 - Incapacitated Persons › Section 5552 - Services to individuals whose decision-making ability is impaired.

§ 5552. Services to individuals whose decision-making ability is impaired.
Guardianship support agencies shall provide guardianship services under this chapter. Such services shall include, but not be limited to:
(1) Assistance to individuals in decision making, including financial management training.
(2) Assistance to individuals in securing and maintaining benefits and services.
(3) Recruiting, training and maintaining a group of individuals to serve as representative payees or similar fiduciaries established by benefit-issuing agencies, agents pursuant to a power of attorney, and trustees.
(Oct. 12, 1999, P.L.422, No.39, eff. 60 days)
1999 Amendment.
See section 13(8) of Act 39 in the appendix to this title for special provisions relating to applicability.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 55 - Incapacitated Persons › Section 5553 - Guardianship services

§ 5553. Guardianship services.
(a) In general.--
The guardianship support agency shall be available to serve as guardian of the estate or of the person, or both, of an incapacitated person when no less restrictive alternative will meet the needs of the individual and when no other person is willing and qualified to become guardian. The agency itself may be appointed guardian and no individual need be specified by the court. If appointed, the guardianship support agency shall have all of the powers and duties of a corporate fiduciary and shall not be required to post bond.
(b) Powers and duties.--
The guardianship support agency shall be treated the same as all other guardians in regard to appointment as guardian or successor or co-guardian, reporting, powers and duties, compensation and in all other respects. In addition to section 5521 (relating to provisions concerning powers, duties, and liabilities), a guardianship support agency shall have the power and duty to:
(1) Invest the principal and income of incapacitated persons for whom it is the guardian of the estate. For this purpose, it may pool the principal and income, but shall maintain an individual account for each incapacitated person reflecting the person's participation therein.
(2) Expend and, if necessary, advance costs necessary to administer guardianships for which it has been appointed guardian.
(3) Apply for letters or otherwise administer the estate of any incapacitated person for whom it has been appointed guardian who dies during the guardianship when no one else is willing and qualified to serve.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 55 - Incapacitated Persons › Section 5554 - Services to courts, guardians and others

§ 5554. Services to courts, guardians and others.
(a) Services to courts.--
Guardianship support agencies may be available to assist courts on request with reviewing petitions for appointment of a guardian, recommending alternatives to guardianship, investigating petitions, explaining petitions to respondents or reviewing reports and monitoring guardianship arrangements.
(b) Services to guardians.--
Guardianship support agencies may be available to assist guardians in filing reports, monitoring incapacitated persons and otherwise fulfilling their duties.
(c) Services to petitioners and others.--
Guardianship support agencies may be available to assist in the filing of petitions for guardianship, to provide information on available alternatives to potential petitioners, to locate and train individuals skilled in providing functional evaluations of alleged incapacitated persons and to perform such other duties as required.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 55 - Incapacitated Persons › Section 5555 - Costs and compensation

§ 5555. Costs and compensation.
Recipients of service shall be charged for services based on their ability to pay. Guardianship support agencies shall make every effort to minimize costs, including minimizing personnel costs through the use of volunteers.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 56 - Powers of Attorney › Extra - Chapter Notes

Enactment.
Present Chapter 56 was added February 18, 1982, P.L.45, No.26, effective immediately.
Prior Provisions.
Former Chapter 56, which related to the same subject matter, was added December 10,
            1974, P.L.899, No.295, and repealed February 18, 1982, P.L.45, No.26, effective immediately.
Cross References.
Chapter 56 is referred to in sections 711, 7732 of this title; sections 2713, 3922.1
            of Title 18 (Crimes and Offenses).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 56 - Powers of Attorney › Section 5601.1 - Powers of attorney presumed durable

§ 5601.1. Powers of attorney presumed durable.
Unless specifically provided otherwise in the power of attorney, all powers of attorney shall be durable as provided in section 5604 (durable powers of attorney).
(Dec. 16, 1992, P.L.1163, No.152, eff. imd.)
1992 Amendment.
Act 152 added section 5601.1.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 56 - Powers of Attorney › Section 5601.2 - Special rules for gifts (Repealed)

§ 5601.2. Special rules for gifts (Repealed).
2014
Repeal.
Section 5601.2 was repealed July 2, 2014, P.L.855, No.95, effective January 1, 2015.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 56 - Powers of Attorney › Section 5605 - Power of attorney not revoked until notice

§ 5605. Power of attorney not revoked until notice.
(a) Death of principal.--
The death of a principal who has executed a written power of attorney, durable or otherwise, shall not revoke or terminate the agency as to the agent or other person, who, without actual knowledge of the death of the principal, acts in good faith under the power. Any action so taken, unless otherwise invalid or unenforceable, shall bind successors in interest of the principal.
(b) Disability or incapacity of principal.--
The disability or incapacity of a principal who has previously executed a written power of attorney which is not a durable power shall not revoke or terminate the agency as to the agent or other person, who, without actual knowledge of the disability or incapacity of the principal, acts in good faith under the power. Any action so taken, unless otherwise invalid or unenforceable, shall bind the principal and his successors in interest.
(c) Filing a complaint in divorce.--
If a principal designates his spouse as his agent and thereafter either the principal or his spouse files an action in divorce, the designation of the spouse as agent shall be revoked as of the time the action was filed, unless it appears from the power of attorney that the designation was intended to survive such an event.
(Dec. 16, 1992, P.L.1163, No.152, eff. imd.; Oct. 12, 1999, P.L.422, No.39, eff. 60 days)
1999 Amendment.
See section 13(1) of Act 39 in the appendix to this title for special provisions relating to applicability.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 56 - Powers of Attorney › Section 5606 - Proof of continuance of powers of attorney by affidavit.

§ 5606. Proof of continuance of powers of attorney by affidavit.
As to acts undertaken in good faith reliance thereon, an affidavit executed by the agent under a power of attorney stating that he did not have at the time of exercise of the power actual knowledge of the termination of the power by revocation, death or, if applicable, disability or incapacity or the filing of an action in divorce and that, if applicable, the specified future time or contingency has occurred, is conclusive proof of the nonrevocation or nontermination of the power at that time and conclusive proof that the specified time or contingency has occurred. The agent shall furnish an affidavit to a person relying upon the power of attorney on demand; however, good faith reliance on the power shall protect the person who acts without an affidavit. If the exercise of the power of attorney requires execution and delivery of any instrument which is recordable, the affidavit when authenticated for record is likewise recordable. This section does not affect any provision in a power of attorney for its termination by expiration of time or occurrence of an event other than express revocation or a change in the principal's capacity.
(Dec. 16, 1992, P.L.1163, No.152, eff. imd.; Oct. 12, 1999, P.L.422, No.39, eff. 60 days)
1999 Amendment.
See section 13(8) of Act 39 in the appendix to this title for special provisions relating to applicability.
Cross References.
Section 5606 is referred to in sections 3910, 5608, 5608.1 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 56 - Powers of Attorney › Section 5607 - Corporate agent

§ 5607. Corporate agent.
A bank and trust company or a trust company authorized to act as a fiduciary in this Commonwealth and acting as an agent pursuant to a power of attorney, or appointed by another who possesses such a power, shall have the powers, duties and liabilities set forth in section 3321 (relating to nominee registration; corporate fiduciary as agent; deposit of securities in a clearing corporation; book-entry securities).
(Oct. 12, 1999, P.L.422, No.39, eff. 60 days)
1999 Amendment.
See section 13(8) of Act 39 in the appendix to this title for special provisions relating to applicability.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 56 - Powers of Attorney › Section 5608.2 - Activities through employees

§ 5608.2. Activities through employees.
For the purposes of sections 5608 (relating to acceptance of and reliance upon power of attorney) and 5608.1 (relating to liability for refusal to accept power of attorney), the following shall apply:
(1) A person who conducts activities through employees shall be considered to be without actual knowledge of a fact relating to a power of attorney, a principal or an agent, if the employee conducting the transaction involving the power of attorney is without knowledge of the fact.
(2) An employee has knowledge of a fact if the employee has actual knowledge of the fact or acts with conscious disregard or willful ignorance regarding the existence of the fact.
(July 2, 2014, P.L.855, No.95, eff. imd.)
2014 Amendment.
Act 95 added section 5608.2. See section 9 of Act 95 in the appendix to this title for special provisions relating to application of law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 56 - Powers of Attorney › Section 5609 - Compensation and reimbursement for expenses

§ 5609. Compensation and reimbursement for expenses.
(a) Compensation.--
In the absence of a specific provision to the contrary in the power of attorney, the agent shall be entitled to reasonable compensation based upon the actual responsibilities assumed and performed.
(b) Reimbursement for expenses.--
An agent shall be entitled to reimbursement for actual expenses advanced on behalf of the principal and to reasonable expenses incurred in connection with the performance of the agent's duties.
(Oct. 12, 1999, P.L.422, No.39, eff. 60 days)
1999 Amendment.
Act 39 added section 5609. See section 13(8) of Act 39 in the appendix to this title for special provisions relating to applicability.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 56 - Powers of Attorney › Section 5610 - Account

§ 5610. Account.
An agent shall file an account of his administration whenever directed to do so by the court and may file an account at any other time. All accounts shall be filed in the office of the clerk in the county where the principal resides. The court may assess the costs of the accounting proceeding as it deems appropriate, including the costs of preparing and filing the account.
(Oct. 12, 1999, P.L.422, No.39, eff. 60 days; July 8, 2016, P.L.497, No.79, eff. Jan. 1, 2017)
2016 Amendment.
Section 21(2)(ii) of Act 79 of 2016 provided that the amendment of section 5610 shall apply to all powers of attorney executed before, on or after the effective date of section 21(2)(ii).
1999 Amendment.
See section 13(8) of Act 39 in the appendix to this title for special provisions relating to applicability.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 56 - Powers of Attorney › Section 5611 - Validity

§ 5611. Validity.
A power of attorney executed in or under the laws of another state or jurisdiction shall be valid in this Commonwealth if, when the power of attorney was executed, the execution complied with:
(1) the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, the law of the jurisdiction in which the power of attorney was executed; or
(2) the requirements for a military power of attorney under 10 U.S.C. § 1044(b) (relating to legal assistance).
(Oct. 12, 1999, P.L.422, No.39, eff. 60 days; July 2, 2014, P.L.855, No.95, eff. imd.)
2014 Amendment.
See section 9 of Act 95 in the appendix to this title for special provisions relating to application of law.
1999 Amendment.
See section 13(8) of Act 39 in the appendix to this title for special provisions relating to applicability.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 56 - Powers of Attorney › Section 5612 - Principles of law and equity

§ 5612. Principles of law and equity.
Unless displaced by a provision of this chapter, the principles of law and equity supplement this chapter.
(July 2, 2014, P.L.855, No.95, eff. imd.)
2014 Amendment.
Act 95 added section 5612. See section 9 of Act 95 in the appendix to this title for special provisions relating to application of law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 56 - Powers of Attorney › Section 5613 - Meaning and effect of power of attorney

§ 5613. Meaning and effect of power of attorney.
The meaning and effect of a power of attorney is determined by the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the power of attorney is executed.
(July 8, 2016, P.L.497, No.79, eff. Jan. 1, 2017)
2016 Amendment.
Act 79 added section 5613. Section 21(2)(ii) of Act 79 provided that the addition of section 5613 shall apply to all powers of attorney executed before, on or after the effective date of section 21(2)(ii).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 56 - Powers of Attorney › Section 5614 - Jurisdiction and venue

§ 5614. Jurisdiction and venue.
(a) County having venue.--
Venue of any matter pertaining to the exercise of a power by an agent acting under a power of attorney as provided in this chapter shall be in the county in which the principal is domiciled, a resident or residing in a long-term care facility.
(b) Declining jurisdiction.--
(1) A court having jurisdiction may decline to exercise jurisdiction if at any time it determines that a court of another county or state is a more appropriate forum.
(2) If a court of this Commonwealth declines to exercise jurisdiction, it shall either dismiss the proceeding or stay the proceeding upon condition that a proceeding be promptly commenced in another county or state. A court may impose any other condition that it deems appropriate.
(July 8, 2016, P.L.497, No.79, eff. Jan. 1, 2017)
2016 Amendment.
Act 79 added section 5614. Section 21(2)(ii) of Act 79 provided that the addition of section 5614 shall apply to all powers of attorney executed before, on or after the effective date of section 21(2)(ii).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 57 - Absentees and Presumed Decedents › Section 5701 - Proof of death

§ 5701. Proof of death.
(a) Finding of death.--
When a person domiciled in the Commonwealth disappears and is absent from his place of residence without being heard of after diligent inquiry, the court of the county where he last resided, aided by the report of a master if necessary, upon the petition of any party in interest, and, if a trustee has been appointed for the absentee, at any time during the trusteeship, may make a finding and decree that the absentee is dead and of the date of his death, provided the notice required by section 5704 (relating to notice to absentee) has been given to the absentee.
(b) Presumption from absence.--
When the death of a person or the date thereof is in issue, his unexplained absence from his last known place of residence and the fact that he has been unheard of for seven years may be a sufficient ground for finding that he died seven years after he was last heard of.
(c) Exposure to specific peril.--
The fact that an absentee was exposed to a specific peril of death may be sufficient ground for finding that he died less than seven years after he was last heard of.
(d) Competency of witnesses.--
All persons shall be competent to testify concerning the death or disappearance of an absentee regardless of relationship by marriage to him or of interest in his estate.
(e) Distribution of estate or trust.--
If the continued existence of an absentee would affect the distribution of an estate or trust, the court having jurisdiction of the estate or trust may, for purposes of distribution of that estate or trust, make a finding and decree of death, as provided in this section, regardless of where the absentee was domiciled or last resided.
(July 9, 1976, P.L.551, No.135, eff. imd.)
1976 Amendment.
Act 135 added subsec. (e).
Cross References.
Section 5701 is referred to in sections 3540, 5706 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 57 - Absentees and Presumed Decedents › Section 5703 - Distribution of property of absentee

§ 5703. Distribution of property of absentee.
Upon the entry of a decree establishing the death of a person domiciled in the Commonwealth, based in whole or in part upon his absence from his place of residence, the real and personal property of the absentee shall be administered by his personal representative as in the case of other decedents. However, the personal representative shall make no distribution of such property to the persons entitled thereto by will or by intestacy, nor shall such persons acquire indefeasible title thereto, except under decree of court. The court, in awarding distribution, shall require that a refunding bond, with or without security and in such form and amount as the court shall direct, shall be executed by each distributee and filed with the clerk. The bond shall be conditioned that, if it shall later be established that the absentee was in fact alive at the time of distribution, the distributee upon demand will return the property received by him or, if it has been disposed of, will make such restitution therefor as the court shall deem equitable. Should a distributee not execute the bond, the court shall appoint a trustee to receive and hold his share until further order of the court.
Cross References.
Section 5703 is referred to in section 5706 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 57 - Absentees and Presumed Decedents › Section 5704 - Notice to absentee

§ 5704. Notice to absentee.
The court, if satisfied concerning the interest of the petitioner, shall cause to be advertised in a newspaper of general circulation in the county of the absentee's last known residence and in the legal journal, if any, designated by rule of court for publication of legal notices, once a week for four successive weeks or for such shorter period as the court may deem appropriate, and to be otherwise advertised as the court according to the circumstances of the case shall deem advisable, the fact of such application, together with notice that on a specified day, which shall be at least two weeks after the last appearance of any such advertisement, the court, or a master appointed by the court for that purpose, will hear evidence concerning the alleged absence, including the circumstances and duration thereof.
(Dec. 16, 1992, P.L.1163, No.152, eff. imd.)
Cross References.
Section 5704 is referred to in sections 5701, 5702, 5706 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 57 - Absentees and Presumed Decedents › Section 5705 - Search for absentee

§ 5705. Search for absentee.
The court, on its own motion or upon the application of any party in interest, may direct the trustee to search for the absentee in any manner which the court shall deem appropriate, or may appoint a master, investigator or appropriate agency to do so. The expenses of such a search shall be paid out of the property of the absentee.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 57 - Absentees and Presumed Decedents › Section 5706 - Persons presumed dead from September 11, 2001, terrorist attack

§ 5706. Persons presumed dead from September 11, 2001, terrorist attack.
The requirements of sections 5703 (relating to distribution of property of absentee) and 5704 (relating to notice to absentee) shall not apply with respect to a person who is presumed dead as a result of the terrorist attacks on September 11, 2001. These terrorist attacks constitute specific perils within the meaning of section 5701(c) (relating to proof of death) which would justify a court to immediately determine that the presumed decedent died on September 11, 2001.
(May 16, 2002, P.L.330, No.50, eff. imd.)
2002 Amendment.
Act 50 added section 5706. See section 14(a) of Act 50 in the appendix to this title for special provisions relating to applicability.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 58 - Mental Health Care › Extra - Chapter Notes

Enactment.
Chapter 58 was added November 30, 2004, P.L.1525, No.194, effective in 60 days.
Cross References.
Subchapter B is referred to in section 5808 of this title.
Cross References.
Subchapter C is referred to in section 5808 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 58 - Mental Health Care › Section 5801 - Applicability

§ 5801. Applicability.
(a) General rule.--
This chapter applies to mental health declarations and mental health powers of attorney.
(b) Preservation of existing rights.--
The provisions of this chapter shall not be construed to impair or supersede any existing rights or responsibilities not addressed in this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 58 - Mental Health Care › Section 5802 - Definitions

§ 5802. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Attending physician."
A physician who has primary responsibility for the treatment and care of the declarant or principal.
"Declarant."
An individual who makes a declaration in accordance with this chapter.
"Declaration."
A writing made in accordance with this chapter that expresses a declarant's wishes and instructions for mental health care and mental health care directions and which may contain other specific directions.
"Mental health care."
Any care, treatment, service or procedure to maintain, diagnose, treat or provide for mental health, including any medication program and therapeutical treatment.
"Mental health care agent."
An individual designated by a principal in a mental health power of attorney.
"Mental health care provider."
A person who is licensed, certified or otherwise authorized by the laws of this Commonwealth to administer or provide mental health care in the ordinary course of business or practice of a profession.
"Mental health power of attorney."
A writing made by a principal designating an individual to make mental health care decisions for the principal.
"Mental health treatment professional."
A licensed physician who has successfully completed a residency program in psychiatry or a person trained and licensed in social work, psychology or nursing who has a graduate degree and clinical experience in mental health.
"Principal."
An individual who makes a mental health power of attorney in accordance with this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 58 - Mental Health Care › Section 5803 - Legislative findings and intent

§ 5803. Legislative findings and intent.
(a) Intent.--
This chapter provides a means for competent adults to control their mental health care either directly through instructions written in advance or indirectly through a mental health care agent.
(b) Presumption not created.--
This chapter shall not be construed to create any presumption regarding the intent of an individual who has not executed a declaration or mental health care power of attorney to consent to the use or withholding of treatment.
(c) Findings in general.--
The General Assembly finds that all capable adults have a qualified right to control decisions relating to their own mental health care.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 58 - Mental Health Care › Section 5804 - Compliance

§ 5804. Compliance.
(a) Duty to comply.--
(1) An attending physician and mental health care provider shall comply with mental health declarations and powers of attorney.
(2) If an attending physician or other mental health care provider cannot in good conscience comply with a declaration or mental health care decision of a mental health care agent because the instructions are contrary to accepted clinical practice and medical standards or because treatment is unavailable or if the policies of a mental health care provider preclude compliance with a declaration or mental health care decision of a mental health care agent, immediately upon receipt of the declaration or power of attorney and as soon as any possibility of noncompliance becomes apparent, the attending physician or mental health care provider shall so inform the following:
(i) The declarant if the declarant is competent.
(ii) The substitute named in the declaration if the declarant is incompetent.
(iii) The guardian or other legal representative of the declarant if the declarant is incompetent and a substitute is not named in the declaration.
(iv) The mental health care agent of the principal.
(3) The physician or mental health care provider shall document the reasons for noncompliance.
(b) Transfer.--
An attending physician or mental health care provider under subsection (a)(2) shall make every reasonable effort to assist in the transfer of the declarant or principal to another physician or mental health care provider who will comply with the declaration or mental health care decision of the mental health care agent. While the transfer is pending, the patient shall be treated consistent with the declaration or mental health care decision of the mental health agent. If reasonable efforts to transfer fail, the patient may be discharged.
Cross References.
Section 5804 is referred to in section 5824 of this title.