20 Pa. C.S. § 5606

Current through P.A. Acts 2023-66
Section 5606 - Proof of continuance of powers of attorney by affidavit

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.

20 Pa.C.S. § 5606

1982 , Feb. 18, P.L. 45, No. 26, § 9, imd. effective. Amended 1992, Dec. 16, P.L. 1163, No. 152, §18, imd. effective; 1999, Oct. 12, P.L. 422, No. 39, § 10, effective in 60 days.