(a) Death of principal.--The death of a principal who has executed a written power of attorney, durable or otherwise, shall not revoke or terminate the agency as to the agent or other person, who, without actual knowledge of the death of the principal, acts in good faith under the power. Any action so taken, unless otherwise invalid or unenforceable, shall bind successors in interest of the principal.
(b) Disability or incapacity of principal.--The disability or incapacity of a principal who has previously executed a written power of attorney which is not a durable power shall not revoke or terminate the agency as to the agent or other person, who, without actual knowledge of the disability or incapacity of the principal, acts in good faith under the power. Any action so taken, unless otherwise invalid or unenforceable, shall bind the principal and his successors in interest.
(c) Filing a complaint in divorce.--If a principal designates his spouse as his agent and thereafter either the principal or his spouse files an action in divorce, the designation of the spouse as agent shall be revoked as of the time the action was filed, unless it appears from the power of attorney that the designation was intended to survive such an event.
(Dec. 16, 1992, P.L.1163, No.152, eff. imd.; Oct. 12, 1999, P.L.422, No.39, eff. 60 days)
1999 Amendment. See section 13(1) of Act 39 in the appendix to this title for special provisions relating to applicability.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Chapter 56 - Powers of Attorney
Section 5601 - General provisions
Section 5601.1 - Powers of attorney presumed durable
Section 5601.2 - Special rules for gifts (Repealed)
Section 5601.3 - Agent's duties
Section 5601.4 - Authority that requires specific and general grant of authority
Section 5602 - Form of power of attorney
Section 5603 - Implementation of power of attorney
Section 5604 - Durable powers of attorney
Section 5605 - Power of attorney not revoked until notice
Section 5606 - Proof of continuance of powers of attorney by affidavit.
Section 5607 - Corporate agent
Section 5608 - Acceptance of and reliance upon power of attorney
Section 5608.1 - Liability for refusal to accept power of attorney
Section 5608.2 - Activities through employees
Section 5609 - Compensation and reimbursement for expenses
Section 5612 - Principles of law and equity