Powers Of Attorney Forms Pack (Page 7 of 9) in pdf

1. If, following execution of a durable power of attorney, the principal is adjudicated

an incapacitated person and a guardian is appointed for his estate, the agent is

accountable to the guardian as well as the principal. The guardian shall have the

same power to revoke or amend the power of attorney that the principal would

have had if he were not an incapacitated person.

2. A principal may nominate, by a durable power of attorney, the guardian of his

estate or of his person for consideration by the court if incapacity proceedings for

the principal's estate or person are thereafter commenced. The court shall make its

appointment in accordance with the principal's most recent nomination in a

durable power of attorney except for good cause or disqualification.

(d) Discovery of information and records regarding actions of agent.--

1. If the agency acting pursuant to the

act of November 6, 1987 (P.L.381, No. 79),

known as the Older Adults Protective Services Act,

is denied access to records

necessary for the completion of a proper investigation of a report or a client

assessment and service plan or the delivery of needed services in order to prevent

further abuse, neglect, exploitation or abandonment of the older adult principal

reported to be in need of protective services, the agency may petition the court of

common pleas for an order requiring the appropriate access when either of the

following conditions applies:

the older adult principal has provided written consent for confidential

records to be disclosed and the agent denies access; or

ii.

the agency can demonstrate that the older adult principal has denied or

directed the agent to deny access to the records because of incompetence,

coercion, extortion or justifiable fear of future abuse, neglect, exploitation

or abandonment.

2. This petition may be filed in the county wherein the agent resides or has his

principal place of business or, if a nonresident, in the county wherein the older

adult principal resides. The court, after reasonable notice to the agent and to the

older adult principal, may conduct a hearing on the petition.

3. Upon the failure of the agent to provide the requested information, the court may

make and enforce such further orders.

4. A determination to grant or deny an order, whether in whole or in part, shall not

be considered a finding regarding the competence, capacity or impairment of the

older adult principal, nor shall the granting or denial of an order preclude the

availability of other remedies involving protection of the person or estate of the

older adult principal or the rights and duties of the agent.

(e) Definitions.--As used in this section, the following words and phrases shall have the

meanings given to them in this subsection:

"Abandonment."

As that term is defined in the

act of November 6, 1987 (P.L.381, No. 79), known

as the Older Adults Protective Services Act,

"Abuse."

Powers Of Attorney Forms Pack Page 7

Related Articles

Related forms

Related Categories