Powers Of Attorney Forms Pack (Page 8 of 9) in pdf

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,

"Agency."

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,

except that in cities of the first class

the term shall mean the Department of Aging.

"Exploitation."

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,

"Neglect."

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,

"Older adult principal."

A principal who is 60 years of age or older.

§ 5605. Power of attorney not revoked until notice.

[to be inserted]

§ 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 execution 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.

§ 5607. Corporate attorney-in-fact.

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.)

§ 5608. Liability.

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