§ 5608 — Acceptance of and reliance upon power of attorney

Pennsylvania § 5608

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

Text

(a) Third party liability.--(Deleted by amendment).

(b) Third party immunity.--(Deleted by amendment).

(c) Genuineness.--A person who in good faith accepts a power of attorney without actual knowledge that a signature or mark of any of the following are not genuine may, without liability, rely upon the genuineness of the signature or mark of:

(1) The principal.

(2) A person who signed the power of attorney on behalf of the principal and at the direction of the principal.

(3) A witness.

(4) A notary public or other person authorized by law to take acknowledgments.

(d) Immunity.--A person who in good faith accepts a power of attorney without actual knowledge of any of the following may, without liability, rely upon the power of attorney as if the power of attorney and agent's authority were genuine, valid and still in effect and the agent had not exceeded and had properly exercised the authority that:

(1) The power of attorney is void, invalid or terminated.

(2) The purported agent's authority is void, invalid or terminated.

(3) The agent is exceeding or improperly exercising the agent's authority.

(e) Request for information.--A person who is asked to accept a power of attorney may request and, without liability, rely upon without further investigation:

(1) An agent's certification under penalty of perjury of any factual matter concerning the principal, agent or power of attorney or an affidavit under section 5606 (relating to proof of continuance of powers of attorney by affidavit).

(2) An English translation of the power of attorney, if the power of attorney contains, in whole or in part, language other than English.

(3) An opinion of counsel relating to whether the agent is acting within the scope of the authority granted by the power of attorney if the person making the request provides in writing or other record the reason for the request.

(f) Additional request for information.--A person who has accepted a power of attorney, whether or not the person has a certification or an opinion of counsel under subsection (e) or an affidavit under section 5606, and has acted upon it by allowing the agent to exercise authority granted under the power of attorney, shall not be precluded from requesting at later times a certification or an opinion of counsel under this subsection, subsection (e) or an affidavit under section 5606 with regard to any further exercise of authority by the agent under the power of attorney.

(g) English translation.--An English translation or an opinion of counsel requested under this section shall be at the principal's expense, unless the request is made more than seven business days after the power of attorney or any revision or addition to a power of attorney:

(1) is presented for acceptance; or

(2) after being previously accepted by a person, is presented to exercise a power not previously exercised by the agent in a transaction with that person.

(h) Limitations.--Except as otherwise provided by law, nothing in this section shall in itself:

(1) validate a forged instrument conveying an interest in real property;

(2) provide that the recording of a forged instrument gives constructive notice of a conveyance of an interest in real property; or

(3) limit the liability of an insurer, indemnitor or guarantor of contractual obligations to indemnify, hold harmless or defend a person who accepts or relies upon a power of attorney.

Legislative History

(Dec. 16, 1992, P.L.1163, No.152, eff. imd.; 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. Cross References.Section 5608 is referred to in sections 5608.1, 5608.2 of this title.