SENATE AMENDED PRIOR PRINTER'S NOS. 222, 1697, 3710 PRINTER'S NO. 3738
No. 227 Session of 1999
INTRODUCED BY SATHER, SCHULER, YOUNGBLOOD, GEIST, BAKER, HERMAN, PESCI, DEMPSEY, FAIRCHILD, E. Z. TAYLOR, SAYLOR, TRELLO, STERN, TIGUE, SEYFERT, HESS, McCALL, SEMMEL, HARHAI, CLYMER, WILT, M. COHEN, ROSS AND WASHINGTON, FEBRUARY 1, 1999
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 13, 2000
AN ACT 1 Amending Title 20 (Decedents, Estates and Fiduciaries) of the 2 Pennsylvania Consolidated Statutes, further providing for 3 durable powers of attorney. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Section 5604 of Title 20 of the Pennsylvania 7 Consolidated Statutes is amended by adding a subsection to read: 8 § 5604. Durable powers of attorney. 9 * * * 10 (d) Discovery of information and records regarding actions 11 of attorney-in-fact.-- 12 (1) If the agency DEPARTMENT OF AGING, as defined ACTING <-- 13 pursuant to the act of November 6, 1987 (P.L.381, No.79), 14 known as the Older Adults Protective Services Act, is denied 15 access to records necessary for the completion of a proper 16 investigation of a report or a client assessment and service 17 plan or the delivery of needed services in order to prevent
1 further abuse, neglect, exploitation or abandonment of the 2 older adult reported to be in need of protective services, 3 the agency DEPARTMENT OF AGING may petition the court of <-- 4 common pleas for an order requiring the appropriate access 5 when either of the following conditions applies: 6 (i) the older adult has provided written consent for 7 confidential records to be disclosed and the keeper of 8 the records denies access; or 9 (ii) the agency DEPARTMENT OF AGING can demonstrate <-- 10 that the older adult has denied access to the records 11 because of incompetence, coercion, extortion or 12 justifiable fear of future abuse, neglect, exploitation 13 or abandonment. 14 (2) This petition may be filed in the county wherein the 15 attorney-in-fact resides or has his principal place of 16 business, or, if a nonresident, in the county wherein the 17 principal resides, or, if a guardian has been appointed for 18 the principal, in the court which made the appointment. The 19 court, after reasonable notice to the attorney-in-fact and to 20 the principal if no guardian has been appointed, otherwise to 21 the guardian, may conduct a hearing on the petition. 22 (3) Upon the failure of the attorney-in-fact to provide 23 the requested information, the court may make and enforce 24 such further orders respecting discovery. 25 (4) A determination to grant or deny in whole or in part 26 discovery sought shall not be considered a finding regarding 27 the competence, capacity or impairment of the principal, nor 28 shall the granting or denial of discovery preclude the 29 availability of other remedies involving protection of the 30 person or estate of the principal or the rights and duties of 19990H0227B3738 - 2 -
1 the attorney-in-fact.
2 Section 2. This act shall take effect immediately.
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