As to acts undertaken in good faith reliance thereon, an affidavit executed by the agent under a power of attorney stating that he did not have at the time of exercise of the power actual knowledge of the termination of the power by revocation, death or, if applicable, disability or incapacity or the filing of an action in divorce and that, if applicable, the specified future time or contingency has occurred, is conclusive proof of the nonrevocation or nontermination of the power at that time and conclusive proof that the specified time or contingency has occurred. The agent shall furnish an affidavit to a person relying upon the power of attorney on demand; however, good faith reliance on the power shall protect the person who acts without an affidavit. If the exercise of the power of attorney requires execution and delivery of any instrument which is recordable, the affidavit when authenticated for record is likewise recordable. This section does not affect any provision in a power of attorney for its termination by expiration of time or occurrence of an event other than express revocation or a change in the principal's capacity.
(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(8) of Act 39 in the appendix to this title for special provisions relating to applicability.
Cross References. Section 5606 is referred to in sections 3910, 5608, 5608.1 of this title.
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Section 5601.2 - Special rules for gifts (Repealed)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