Powers Of Attorney Forms Pack (Page 4 of 9) in pdf

specifically providing for and defining the agent's authority in the power of attorney.

(d) Nature of gifts.--In the absence of a specific provision to the contrary in the power of

attorney:

1. A power to make a limited gift shall be construed to empower the agent to make a

gift to each donee either outright or in trust.

2. In the case of any gift to a minor, that gift may be made in trust or in accordance

with

Chapter 53 (relating to Pennsylvania Uniform Transfers to Minors Act)

section 5155 (relating to order of court)

3. In the case of any gift made in trust, the agent may execute a deed of trust for

such purpose, designating one or more persons, including the agent, as original or

successor trustees, or may make an addition to an existing trust.

4. In making any gift, the agent need not treat the donees equally or proportionately

and may entirely exclude one or more permissible donees.

5. The pattern followed on the occasion of any gift need not be followed on the

occasion of any other gift.

(e) Equity.--An agent and the donee of a gift shall be liable as equity and justice may

require to the extent that, as determined by the court, a gift made by the agent is

inconsistent with prudent estate planning or financial management for the principal or

with the known or probable intent of the principal with respect to disposition of the

estate.

(f) Third party.--No transfer agent, depository or other third party acting in good faith

shall have any responsibility to see to the proper discharge of the agent's duty.

§ 5602. Form of power of attorney.

(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. "To make limited gifts."

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. "To disclaim any interest in property."

6. "To renounce fiduciary positions."

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

8. "To authorize my admission to a medical, nursing, residential or similar facility

and to enter into agreements for my care."

9. "To authorize medical and surgical procedures."

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