Pennsylvania Act 2000-137 — PROBATE, ESTATES AND FIDUCIARIES CODE (20 PA.C.S.) - AMEND

Act text

PROBATE, ESTATES AND FIDUCIARIES CODE (20 PA.C.S.) - AMEND
                 Act of Dec. 20, 2000, P.L. 978, No. 137              Cl. 20
                             Session of 2000
                               No. 2000-137

     HB 227

                                  AN ACT

     Amending Title 20 (Decedents, Estates and Fiduciaries) of the
        Pennsylvania Consolidated Statutes, further providing for
        durable powers of attorney.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 5604 of Title 20 of the Pennsylvania
     Consolidated Statutes is amended by adding subsections to read:
      § 5604.  Durable powers of attorney.
        * * *
        (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:
                (i)  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."  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.
        Section 2.  This act shall take effect immediately.

     APPROVED--The 20th day of December, A. D. 2000.

     THOMAS J. RIDGE