§ 5602 — Form of power of attorney

Pennsylvania § 5602

• Jurisdiction: Pennsylvania
• Title 20: DECEDENTS, ESTATES AND FIDUCIARIES
• Ch. 56: POWERS OF ATTORNEY

Text

(a) Specification of powers.--A principal may, by inclusion of the language quoted in any of the following paragraphs or by inclusion of other language showing a similar intent on the part of the principal, empower an agent to do any or all of the following, each of which is defined in section 5603 (relating to implementation of power of attorney):

(1) (Deleted by amendment).

(2) "To create a trust for my benefit."

(3) "To make additions to an existing trust for my benefit."

(4) "To claim an elective share of the estate of my deceased spouse."

(5) (Deleted by amendment).

(6) "To renounce fiduciary positions."

(7) "To withdraw and receive the income or corpus of a trust."

(8) (Deleted by amendment).

(9) (Deleted by amendment).

(10) "To engage in real property transactions."

(11) "To engage in tangible personal property transactions."

(12) "To engage in stock, bond and other securities transactions."

(13) "To engage in commodity and option transactions."

(14) "To engage in banking and financial transactions."

(15) "To borrow money."

(16) "To enter safe deposit boxes."

(17) "To engage in insurance and annuity transactions."

(18) "To engage in retirement plan transactions."

(19) "To handle interests in estates and trusts."

(20) "To pursue claims and litigation."

(21) "To receive government benefits."

(22) "To pursue tax matters."

(23) (Deleted by amendment).

(24) "To operate a business or entity."

(25) "To provide for personal and family maintenance."

(a.1) Modification of authority.--A principal may modify the authority of an agent that is incorporated by reference as described in subsection (a).

(b) Appointment of agent and successor agent.--A principal may provide for:

(1) The appointment of more than one agent, who shall act jointly, severally or in any other combination that the principal may designate, but if there is no such designation, such agents shall only act jointly.

(1.1) The delegation of one or more powers by the agent to such person or persons as the agent may designate and on terms as the power of attorney may specify.

(2) The appointment of one or more successor agents who shall serve in the order named in the power of attorney, unless the principal expressly directs to the contrary.

(3) The delegation to an original or successor agent of the power to appoint his successor or successors.

(c) Filing and recording of power of attorney.--An originally executed power of attorney may be filed with the clerk of the orphans' court division of the court of common pleas in the county in which the principal resides, and, if it is acknowledged, it may be recorded in the office for the recording of deeds of the county of the principal's residence and of each county in which real property to be affected by an exercise of the power is located. A power of attorney executed in electronic form may be recorded in the same manner as a document subject to the act of July 5, 2012 (P.L.935, No.100), known as the Uniform Real Property Electronic Recording Act. The clerk of the orphans' court division or any office for the recording of deeds with whom the power has been filed may, upon request, issue certified copies of the power of attorney. Each such certified copy shall have the same validity and the same force and effect as if it were the original, and it may be filed of record in any other office of this Commonwealth (including, without limitation, the clerk of the orphans' court division or the office for the recording of deeds) as if it were the original.

(d) Copy of power of attorney.--Except for the purpose of filing or recording under subsection (c), a photocopy or electronically transmitted copy of an originally executed power of attorney has the same effect as the original.

Legislative History

(Dec. 16, 1992, P.L.1163, No.152, eff. imd.; Dec. 1, 1994, P.L.655, No.102, eff. 90 days; Oct. 12, 1999, P.L.422, No.39, eff. 60 days; July 2, 2014, P.L.855, No.95, eff. Jan. 1, 2015; July 8, 2016, P.L.497, No.79, eff. Jan. 1, 2017) 2016 Amendment.Act 79 amended subsec. (a). Section 21(2)(iii) of Act 79 provided that any provision in a power of attorney incorporating by reference a power under subsec. (a)(8), (9) or (23) prior to the repeal of subsec. (a)(8), (9) or (23) shall be governed by the respective paragraph of subsec. (a) as if no repeal occurred. 2014 Amendment.Act 95 amended subsecs. (a)(17) and (c), added subsecs. (a.1) and (d) and deleted subsec. (a)(5). 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(5) and (8) of Act 39 in the appendix to this title for special provisions relating to applicability. Cross References.Section 5602 is referred to in sections 5601, 5601.4 of this title.