act-2000-0-137•Pennsylvania Act 2000-137 — PROBATE, ESTATES AND FIDUCIARIES CODE (20 PA.C.S.) - AMEND
Pennsylvania Act 2000-137 — PROBATE, ESTATES AND FIDUCIARIES CODE (20 PA.C.S.) - AMEND
act-2000-0-1372000 Pa. Act 137Law
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
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