THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY GREENLEAF, TARTAGLIONE, ALLOWAY, O'PAKE, BAKER AND WASHINGTON, MAY 7, 2010

REFERRED TO JUDICIARY, MAY 7, 2010  

AN ACT

Amending Title 20 (Decedents, Estates and Fiduciaries) of the

Pennsylvania Consolidated Statutes, in health care, further

providing for definitions, for authority of health care agent

and for relation of health care agent to court-appointed

guardian and other agents; in powers of attorney, further

providing for general provisions, for special rules for

gifts, for form of power of attorney, for implementation of

power of attorney, for durable powers of attorney and for

account; and providing for investigation of financial abuse

and mismanagement, for jurisdiction and venue and for

principles of law and equity.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definition of "health care decision" in

section 5422 of Title 20 of the Pennsylvania Consolidated

Statutes is amended to read:

§ 5422.  Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

"Health care decision."  A decision regarding an individual's

health care, including, but not limited to, the following:

(1)  Selection and discharge of a health care provider.

(2)  Approval or disapproval of a diagnostic test,

surgical procedure or program of medication.

(3)  Directions to initiate, continue, withhold or

withdraw all forms of life-sustaining treatment, including

instructions not to resuscitate.

(4)  Admission to a medical, nursing, residential or

similar facility or entering into agreements for the

individual's care.

(5)  After the death of the individual, making anatomical

gifts, disposing of the remains or consenting to autopsies.

* * *

Section 2.  Sections 5456(a) and 5460(a) of Title 20 are

amended to read:

§ 5456.  Authority of health care agent.

(a)  Extent of authority.--Except as expressly provided

otherwise in a health care power of attorney and subject to

subsection (b) and section 5460 (relating to relation of health

care agent to court-appointed guardian and other agents), a

health care agent shall have the authority to make any health

care decision and to exercise any right and power regarding the

principal's care, custody and health care treatment that the

principal could have made and exercised. The foregoing power

shall include the power to authorize admission to a medical,

nursing, residential or similar facility, or to enter into

agreements for the principal's care. The health care agent's

authority may extend beyond the principal's death to make

anatomical gifts, dispose of the remains and consent to

autopsies.

* * *

§ 5460.  Relation of health care agent to court-appointed

guardian and other agents.

(a)  Accountability of health care agent.--If a principal who

has executed a health care power of attorney is later

adjudicated an incapacitated person and a guardian of the person

to make health care decisions is appointed by a court, the

health care agent is accountable to the guardian as well as to

the principal. [The guardian shall have the same power to revoke

or amend the appointment of a health care agent that the

principal would have if the principal were not incapacitated but

may not revoke or amend other instructions in an advance health

directive absent judicial authorization.] In its guardianship

order and determination of a person's incapacity, the court

shall determine the extent to which the health care agent's

authority to act remains in effect.

* * *

Section 3.  Sections 5601(b), (d) and (e), 5601.2(a), (b),

(c), (d) and (e), 5602(a) and (c) and 5603(a), (d), (e), (h),

(k)(4), (p), (q) and (u.1) of Title 20 are amended and the

sections are amended by adding subsections to read:

§ 5601.  General provisions.

* * *

(b)  Execution.--A power of attorney shall be dated and 

signed [and dated] by the principal by signature or mark, or by

another individual on behalf of and at the direction of the

principal if the principal is unable to sign but specifically

directs another individual to sign the power of attorney. [If

the power of attorney is executed by mark or by another

individual, then it] The power of attorney shall be witnessed by

two individuals, each of whom is 18 years of age or older. A

witness shall not be an agent appointed in the power of attorney

or the individual who signed the power of attorney on behalf of

and at the direction of the principal.

* * *

(d)  Acknowledgment executed by agent.--An agent shall have

no authority to act as agent under the power of attorney unless

the agent has first executed and affixed to the power of

attorney an acknowledgment in substantially the following form:

I,                 , have read the attached power of attorney

and am the person identified as the agent for the principal. I

hereby acknowledge that in the absence of a specific provision

to the contrary in the power of attorney or in 20 Pa.C.S. when I

act as agent:

I shall exercise the powers for the benefit of the principal.

I shall keep the assets of the principal separate from my

assets.

I shall exercise reasonable caution and prudence.

I shall keep a full and accurate record of all actions,

receipts and disbursements on behalf of the principal.

I shall preserve the estate plan of the principal, including

the effect of intestacy if the principal does not have a will.

                            (Agent)                 (Date)

(e)  Fiduciary relationship.--An agent acting under a power

of attorney has a fiduciary relationship with the principal. In

the absence of a specific provision to the contrary in the power

of attorney, the fiduciary relationship includes the duty to:

(1)  Exercise the powers for the benefit of the

principal.

(2)  Keep separate the assets of the principal from those

of an agent.

(3)  Exercise reasonable caution and prudence.

(4)  Keep a full and accurate record of all actions,

receipts and disbursements on behalf of the principal.

(5)  Preserve the estate plan of the principal, including

the effect of intestacy if the principal does not have a

will.

* * *

(e.3)  Equity and justice.--

(1)  An agent and a recipient of a gift or other

financial benefit, during the principal's life or at the

principal's death, arising from the action of the agent is

liable as equity and justice may require to the extent that

the court determines that the action of the agent was

inconsistent with:

(i)  prudent estate planning or financial management

for the principal; or

(ii)  the known or probable intent of the principal

with respect to the disposition of the principal's

property.

(2)  An agent who in good faith exercises reasonable

caution and prudence shall not be personally liable.

* * *

§ 5601.2.  Special rules for gifts and changes to principal's

estate plan.

(a)  General rule.--A principal may empower an agent to make

a gift or make changes to the principal's estate plan in a power

of attorney only as provided in this section. A power to make a

gift or make changes to the principal's estate plan may not be

inferred from a grant of another power or from a general grant

of authority to do anything that the principal could do, except

to the extent that a principal expressly grants the agent the

power under section 5603(u.3) (relating to implementation of

power of attorney) authorizing personal and family maintenance.

(b)  Limited gifts not requiring court approval.--Limited

gifts that are authorized in compliance with this subsection do

not require court approval. A principal may authorize an agent

to make [a] limited [gift] gifts as defined under section

5603(a)(2) [(relating to implementation of power of attorney)]

only by the inclusion of:

(1)  the language quoted in section 5602(a)(1) (relating

to form of power of attorney); or

(2)  other language showing a similar intent on the part

of the principal to empower the agent to make a limited gift.

(c)  [Unlimited] Other gifts specifically authorized and not

requiring court approval.--Other gifts that are specifically

authorized in compliance with this subsection do not require

court approval. A principal may authorize an agent to make any

other gift only by specifically [providing for and defining the

agent's authority in the power of attorney.] identifying:

(1)  The donee, such as an individual, charity or other

entity, whether by name, relationship, class or other

description, except that the phrase "any donee" or other

language showing a similar intent is not a specific

identification.

(2)  The property to be gifted or the amounts of cash

gifts.

(c.1)  Other actions not requiring court approval.--

(1)  An agent may act without court approval if the

action:

(i)  Is otherwise authorized by the power of

attorney.

(ii)  Maintains and is consistent with the

preservation of the principal's estate plan, including

the effect of intestacy if the principal does not have a

will.

(2)  An action under this subsection may include:

(i)  Placing property into joint names with rights of

survivorship.

(ii)  The use of a designation such as "in trust

for," "payable on death" or "transfer on death."

(iii)  The execution of a beneficiary designation.

(3)  An action under this subsection may not be taken if

the interest of any beneficiary under the principal's

existing estate plan, including an intestacy if the principal

has no will, is prejudiced thereby. Either of the following

shall be considered a change in the principal's estate plan

and governed by subsection (c.2), which requires court

approval:

(i)  An action that results in a beneficiary

receiving at the death of the principal an interest

outright and free of trust that would have passed in

trust at death under the principal's present estate plan.

(ii)  An action that converts an outright gift at

death into one received in trust.

(c.2)  Court-approved gifts and changes to estate plan.--

(1)  Subject to paragraph (2), a principal may authorize

an agent to do the following on behalf of the principal or

with the principal's property:

(i)  Make a gift other than a gift authorized under

subsection (b) or (c).

(ii)  Create or change rights of survivorship.

(iii)  Create or change a beneficiary designation.

(iv)  Create an inter vivos trust, other than a trust

described in section 5603(b) or (c), or amend, revoke or

terminate an existing trust, but only to the extent that

the principal had previously retained or been granted

such powers.

(v)  Waive the principal's right to be a beneficiary

of a joint and survivor annuity, including a survivor

benefit under a retirement plan.

(2)  An agent may exercise a power under paragraph (1)

only if:

(i)  The power of attorney expressly grants the agent

the specific authority to exercise the power.

(ii)  The court having jurisdiction over the agent,

upon petition by the agent, approves the agent's proposed

action after finding that it is consistent with both:

(A)  Prudent estate planning or financial

management for the principal.

(B)  The known or probable intent of the

principal with respect to the disposition of the

principal's property.

(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 under subsection

(b) or (c) shall be construed to empower the agent to make a

gift to each donee either outright [or], in trust or to a

tuition savings account or prepaid tuition plan as defined in

section 529 of the Internal Revenue Code of 1986 (Public Law

99-514, 26 U.S.C. § 529).

(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) or 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.]

* * *

(g)  Court proceeding.--When court approval is required under

subsection (c.2):

(1)  The burden of proof, by clear and convincing

evidence, shall be on the agent.

(2)  Notice of the petition and hearing shall be given in

the manner as the court shall direct to:

(i)  All persons who are sui juris and would be

entitled to share in the principal's estate if the

principal died intestate at that time.

(ii)  Any person known to the agent who would be

prejudiced by the proposed action.

(iii)  Such other parties as the court may direct.

(3)  The hearing may be closed to the public unless the

principal or the principal's counsel objects.

(4)  The court sua sponte or upon request of the agent or

others may direct that some or all of the pleadings or

documents related to the petition and hearing be sealed or

redacted in the manner and to the extent that the court deems

appropriate.

§ 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."]

(10)  "To engage in real property transactions."

(11)  "To engage in tangible personal property

transactions."

(12)  "To engage in stock, bond and other securities

transactions."

(13)  "To engage in commodity and option transactions."

(14)  "To engage in banking and financial transactions."

(15)  "To borrow money."

(16)  "To enter safe deposit boxes."

(17)  "To engage in insurance and annuity transactions."

(18)  "To engage in retirement plan transactions."

(19)  "To handle interests in estates and trusts."

(20)  "To pursue claims and litigation."

(21)  "To receive government benefits."

(22)  "To pursue tax matters."

[(23)  "To make an anatomical gift of all or part of my

body."]

(24)  "To operate a business or entity."

(25)  "To provide for personal and family maintenance."

* * *

(c)  Filing of power of attorney.--An originally executed

[copy of the] power of attorney may be filed with the clerk of

the orphans' court division of the court of common pleas in the

county in which the principal resides, and if it is

acknowledged, it may be recorded in the office for the recording

of deeds of the county of the principal's residence and of each

county in which real property to be affected by an exercise of

the power is located. The clerk of the orphans' court division

or any office for the recording of deeds with whom the power has

been filed, may, upon request, issue certified copies of the

power of attorney. Each such certified copy shall have the same

validity and the same force and effect as if it were the

original, and it may be filed of record in any other office of

this Commonwealth (including, without limitation, the clerk of

the orphans' court division or the office for the recording of

deeds) as if it were the original.

(d)  Copy of power of attorney.--Except for the purpose of

filing under subsection (c), a photocopy or electronically

transmitted copy of an originally executed power of attorney has

the same effect as the original.

§ 5603.  Implementation of power of attorney.

(a)  Power to make limited gifts.--

(2)  A power "to make limited gifts" shall mean that the

agent may make only gifts for or on behalf of the principal

which are limited as follows:

(i)  The class of permissible donees under this

paragraph shall consist solely of the principal's spouse,

issue and a spouse of the principal's issue (including

the agent if a member of any such class), or any of them.

(ii)  During each calendar year, the gifts made to

any permissible donee, pursuant to such power, shall have

an aggregate value not in excess of, and shall be made in

such manner as to qualify in their entirety for, the

annual exclusion from the Federal gift tax permitted

under section 2503(b) of the Internal Revenue Code of

1986 (Public Law 99-514, 26 U.S.C. § 1 et seq.) for the

principal [and, if applicable, the principal's spouse]

or, if the principal's spouse agrees to consent to

splitting gifts under section 2513(a) of the Internal

Revenue Code of 1986, in an amount per donee (other than

the spouse) not to exceed twice the annual exclusion

limit. The limits under this subparagraph may be exceeded

if and to the extent the agent elects to equalize gifts

among family units with each child of the principal and

the child's descendants treated as a family unit.

(iv)  In addition to the gifts authorized by

subparagraphs (i) and (ii), a gift made pursuant to such

power may be for the tuition or medical care of any

permissible donee to the extent that the gift is excluded

from the Federal gift tax under section 2503(e) of the

Internal Revenue Code of 1986 as a qualified transfer.

(v)  The agent may consent, pursuant to section

2513(a) of the Internal Revenue Code of 1986, to the

splitting of gifts made by the principal's spouse to the

principal's issue or a spouse of the principal's issue in

any amount and to the splitting of gifts made by the

principal's spouse to any other person in amounts not

exceeding the aggregate annual gift tax exclusions for

both spouses under section 2503(b) of the Internal

Revenue Code of 1986.

* * *

(d)  Power to claim an elective share.--A power "to claim an

elective share of the estate of my deceased spouse" shall mean

that the agent may elect to take against the will and

conveyances of the principal's deceased spouse, disclaim any

interest in property which the principal is required to disclaim

as a result of such election, retain any property which the

principal has the right to elect to retain, file petitions

pertaining to the election, including petitions to extend the

time for electing and petitions for orders, decrees and

judgments in accordance with section 2211(c) and (d) (relating

to determination of effect of election; enforcement), and take

all other actions which the agent deems appropriate in order to

effectuate the election: Provided, however, That the election

shall be made only upon the approval of the court having

jurisdiction of the principal's estate in accordance with

section 2206 (relating to right of election personal to

surviving spouse) in the case of a principal who [has been

adjudicated] is an incapacitated person, or upon the approval of

the court having jurisdiction of the deceased spouse's estate in

the case of a principal who [has not been adjudicated] is not an

incapacitated person.

(e)  Power to disclaim any interest in property.--A power "to

disclaim any interest in property" shall mean that the agent may

release or disclaim any interest in property on behalf of the

principal in accordance with Chapter 62 (relating to

disclaimers) or section 6103 (relating to release or disclaimer

of powers or interests), provided that any disclaimer under

Chapter 62 shall be in accordance with the provisions of section

6202 (relating to disclaimers by fiduciaries or agents) in the

case of a principal who [shall have been adjudicated] is an

incapacitated person at the time of the execution of the

disclaimer.

* * *

[(h)  Power to authorize admission to medical facility and

power to authorize medical procedures.--

(1)  A power "to authorize my admission to a medical,

nursing, residential or similar facility, and to enter into

agreements for my care" shall mean that the agent may apply

for the admission of the principal to a medical, nursing,

residential or other similar facility, execute any consent or

admission forms required by such facility which are

consistent with this paragraph, and enter into agreements for

the care of the principal by such facility or elsewhere

during his lifetime or for such lesser period of time as the

agent may designate, including the retention of nurses for

the principal.

(2)  A power "to authorize medical and surgical

procedures" shall mean that the agent may arrange for and

consent to medical, therapeutical and surgical procedures for

the principal, including the administration of drugs.]

* * *

(k)  Power to engage in stock, bond and other securities

transactions.--A power to "engage in stock, bond and other

securities transactions" shall mean that the agent may:

* * *

(4)  Join in any merger, reorganization, consolidation,

dissolution, liquidation, voting-trust plan or other

concerted action of security holders and make payments in

connection therewith.

* * *

(p)  Power to engage in insurance and annuity transactions.--

A power to "engage in insurance and annuity transactions" shall

mean that the agent may:

(1)  Purchase, continue, renew, convert or terminate any

type of insurance (including, but not limited to, life,

accident, health, disability or liability insurance) or

annuity and pay premiums and collect benefits and proceeds

under [insurance] these policies.

(2)  Exercise nonforfeiture provisions under insurance

policies and annuity contracts.

(3)  In general, exercise all powers with respect to

insurance and annuities that the principal could if present[;

however, the agent cannot designate himself beneficiary of a

life insurance policy unless the agent is the spouse, child,

grandchild, parent, brother or sister of the principal],

including the designation of a beneficiary, but only as

permitted under section 5601.2(c.1) and (c.2) (relating to

special rules for gifts and changes to principal's estate

plan).

(q)  Power to engage in retirement plan transactions.--A

power to "engage in retirement plan transactions" shall mean

that the agent may contribute to, withdraw from and deposit

funds in any type of retirement plan (including, but not limited

to, any tax qualified or nonqualified pension, profit sharing,

stock bonus, employee savings and retirement plan, deferred

compensation plan or individual retirement account), select and

change payment options for the principal, make roll-over

contributions from any retirement plan to other retirement plans

and, in general, exercise all powers with respect to retirement

plans that the principal could if present, including the

designation of a beneficiary, but only as permitted under

section 5601.2(c.1) and (c.2).

* * *

[(u.1)  Power to make anatomical gift.--A power "to make an

anatomical gift of all or part of my body" shall mean that the

agent may arrange and consent, either before or after the death

of the principal, to procedures to make an anatomical gift in

accordance with Chapter 86 (relating to anatomical gifts).]

(u.2)  Power to operate a business or entity.--A power "to

operate a business or entity" shall mean that the agent may:

(1)  Continue or participate in the operation of any

business or other entity in which the principal holds an

interest, whether alone or with others, by making and

implementing decisions regarding its financing, operations,

employees and all other matters pertinent to the business or

entity.

(2)  Change the form of ownership of the business or

entity to a corporation, partnership, limited liability

company or other entity, and initiate or take part in a

corporate reorganization, including a merger, consolidation,

dissolution or other change in organizational form.

(3)  Compensate an agent actively managing, supervising

or engaging in the operation of a business or entity, as

appropriate, from the principal's assets or from the business

or entity, provided the compensation is reasonably based upon

the actual responsibilities assumed and performed.

(4)  In general, exercise all powers with respect to

operating a business or entity that the principal could if

present.

(u.3)  Power to provide for personal and family

maintenance.--

(1)  A power "to provide for personal and family

maintenance" shall mean that the agent may provide for the

health, education, maintenance and support, in order to

maintain the customary standard of living of the principal's

spouse and the following individuals, whether living when the

power of attorney is executed or later born:

(i)  The principal's minor children.

(ii)  Other individuals legally entitled to be

supported by the principal.

(iii)  The individuals whom the principal has

customarily supported.

(2)  In acting under this subsection, the agent shall:

(i)  Take into account the long-term needs of the

principal.

(ii)  Consider any independent means available to

those individuals apart from the support provided by the

principal.

(3)  Authority with respect to personal and family

maintenance is in addition to and not limited by authority

that an agent may or may not have, or court approval that may

be necessary with respect to gifts under this chapter.

* * *

Section 4.  Section 5604(c)(1) of Title 20 is amended,

subsection (c) is amended by adding a paragraph and the section

is amended by adding a subsection to read:

§ 5604.  Durable powers of attorney.

* * *

(c)  Relation of agent to court-appointed guardian.--

(1)  If, following execution of a durable power of

attorney, the principal [is adjudicated] becomes an

incapacitated person and a guardian is appointed for his

estate, the agent is accountable to the guardian as well as

to 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.]

* * *

(3)  In its guardianship order and determination of a

person's incapacity, the court shall determine whether and

the extent to which the incapacitated person's durable power

of attorney remains in effect.

* * *

(d.1)  Disclosure.--Except as otherwise provided in the power

of attorney, an agent is not required to disclose receipts,

disbursements or transactions conducted on behalf of the

principal unless:

(1)  ordered by a court; or

(2)  requested by:

(i)  the principal;

(ii)  the principal's guardian;

(iii)  another fiduciary acting for the principal;

(iv)  a governmental agency having authority to

protect the welfare of the principal as set forth in

subsection (d); or

(v)  the personal representative or successor in

interest of the principal's estate, upon the death of the

principal.

* * *

Section 5.  5610 of Title 20 is amended to read:

§ 5610.  Account.

An agent shall file an account of his administration whenever

directed to do so by the court and may file an account at any

other time. All accounts shall be filed in the office of the

clerk in the county where the principal resides. The court may

assess the costs of the accounting proceeding as it deems

appropriate, including the costs of preparing and filing the

account.

Section 6.  Title 20 is amended by adding sections to read:

§ 5612.  Investigation of financial abuse and mismanagement.

The court may order an investigation, appoint a guardian ad

litem, make a referral to an appropriate agency or take any

other appropriate action regarding allegations that a principal

is suffering from financial abuse or mismanagement by the

principal's agent under a power of attorney:

(1)  upon petition by an appropriate party and a

reasonable showing of the financial abuse or mismanagement;

or

(2)  after the court is otherwise informed of the

financial abuse or mismanagement.

§ 5613.  Jurisdiction and venue.

(a)  County having venue.--Venue of any matter pertaining to

the exercise of a power by an agent acting under a power of

attorney as provided in this chapter shall be in the county in

which the principal is domiciled, a resident or residing in a

long-term care facility.

(b)  Declining jurisdiction.--

(1)  A court having jurisdiction may decline to exercise

jurisdiction if at any time it determines that a court of

another county or state is a more appropriate forum.

(2)  If a court of this Commonwealth declines to exercise

jurisdiction, it shall either dismiss the proceeding or stay

the proceeding upon condition that a proceeding be promptly

commenced in another county or state. A court may impose any

other condition that it deems appropriate.

§ 5614.  Principles of law and equity.

Except as otherwise provided by this chapter or another

statute of this Commonwealth, common law and the principles of

equity supplement this chapter.

Section 7.  This act shall apply as follows:

(1)  Except as set forth in paragraph (2), this act shall

apply to all powers of attorney executed on or after the

effective date of this section.

(2)  (i)  Nothing in this act shall be construed to limit

the effectiveness of powers of attorney in effect prior

to the effective date of of this section.

(ii)  Any provision in a power of attorney

incorporating by reference a power under 20 Pa.C.S. §

5602(a)(8), (9) or (23) prior to the repeal of 20 Pa.C.S.

§ 5602(a)(8), (9) or (23) shall continue to be governed

by the respective paragraph of 20 Pa.C.S. § 5602(a) as if

no repeal occurred.

Section 8.  This act shall take effect as follows:

(1)  The following provisions shall take effect

immediately:

(i)  This section.

(ii)  The addition of 20 Pa.C.S. § 5601(e.3).

(iii)  The repeal of 20 Pa.C.S. § 5601.2(e).

(2)  The remainder of this act shall take effect in six

months.