5603 - Implementation of power of attorney.

     § 5603.  Implementation of power of attorney.        (a)  Power to make limited gifts.--            (1)  (Deleted by amendment).            (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.                (iii)  (Deleted by amendment).                (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.            (3)  (Deleted by amendment).            (4)  (Deleted by amendment).            (5)  (Deleted by amendment).        (b)  Power to create a trust.--A power "to create a trust for     my benefit" shall mean that the agent may execute a deed of     trust, designating one or more persons (including the agent) as     original or successor trustees and transfer to the trust any or     all property owned by the principal as the agent may decide,     subject to the following conditions:            (1)  The income and corpus of the trust shall either be        distributable to the principal or to the guardian of his        estate, or be applied for the principal's benefit, and upon        the principal's death, any remaining balance of corpus and        unexpended income of the trust shall be distributed to the        deceased principal's estate.            (2)  The deed of trust may be amended or revoked at any        time and from time to time, in whole or in part, by the        principal or the agent, provided that any such amendment by        the agent shall not include any provision which could not be        included in the original deed.        (c)  Power to make additions to an existing trust.--A power     "to make additions to an existing trust for my benefit" shall     mean that the agent, at any time or times, may add any or all of     the property owned by the principal to any trust in existence     when the power was created, provided that the terms of such     trust relating to the disposition of the income and corpus     during the lifetime of the principal are the same as those set     forth in subsection (b). The agent and the trust and its     beneficiaries shall be answerable as equity and justice may     require to the extent that an addition to a trust 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 his     estate.        (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 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 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 an     incapacitated person at the time of the execution of the     disclaimer.        (f)  Power to renounce fiduciary position.--            (1)  A power "to renounce fiduciary positions" shall mean        that the agent may:                (i)  renounce any fiduciary position to which the            principal has been appointed; and                (ii)  resign any fiduciary position in which the            principal is then serving, and either file an accounting            with a court of competent jurisdiction or settle on            receipt and release or other informal method as the agent            deems advisable.            (2)  The term "fiduciary" shall be deemed to include,        without limitation, an executor, administrator, trustee,        guardian, agent or officer or director of a corporation.        (g)  Power to withdraw and receive.--A power "to withdraw and     receive the income or corpus of a trust" shall mean that the     agent may:            (1)  demand, withdraw and receive the income or corpus of        any trust over which the principal has the power to make        withdrawals;            (2)  request and receive the income or corpus of any        trust with respect to which the trustee thereof has the        discretionary power to make distribution to or on behalf of        the principal; and            (3)  execute a receipt and release or similar document        for the property received under paragraphs (1) and (2).        (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.        (i)  Power to engage in real property transactions.--A power     to "engage in real property transactions" shall mean that the     agent may:            (1)  Acquire or dispose of real property (including the        principal's residence) or any interest therein, including,        but not limited to, the power to buy or sell at public or        private sale for cash or credit or partly for each; exchange,        mortgage, encumber, lease for any period of time; give or        acquire options for sales, purchases, exchanges or leases;        buy at judicial sale any property on which the principal        holds a mortgage.            (2)  Manage, repair, improve, maintain, restore, alter,        build, protect or insure real property; demolish structures        or develop real estate or any interest in real estate.            (3)  Collect rent, sale proceeds and earnings from real        estate; pay, contest, protest and compromise real estate        taxes and assessments.            (4)  Release in whole or in part, assign the whole or a        part of, satisfy in whole or in part and enforce any        mortgage, encumbrance, lien or other claim to real property.            (5)  Grant easements, dedicate real estate, partition and        subdivide real estate and file plans, applications or other        documents in connection therewith.            (6)  In general, exercise all powers with respect to real        property that the principal could if present.        (j)  Power to engage in tangible personal property     transactions.--A power to "engage in tangible personal property     transactions" shall mean that the agent may:            (1)  Buy, sell, lease, exchange, collect, possess and        take title to tangible personal property.            (2)  Move, store, ship, restore, maintain, repair,        improve, manage, preserve and insure tangible personal        property.            (3)  In general, exercise all powers with respect to        tangible personal property that the principal could if        present.        (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:            (1)  Buy or sell (including short sales) at public or        private sale for cash or credit or partly for cash all types        of stocks, bonds and securities; exchange, transfer,        hypothecate, pledge or otherwise dispose of any stock, bond        or other security.            (2)  Collect dividends, interest and other distributions.            (3)  Vote in person or by proxy, with or without power of        substitution, either discretionary, general or otherwise, at        any meeting.            (4)  Join in any merger, reorganization, voting-trust        plan or other concerted action of security holders and make        payments in connection therewith.            (5)  Hold any evidence of the ownership of any stock,        bond or other security belonging to the principal in the name        of a nominee selected by the agent.            (6)  Deposit or arrange for the deposit of securities in        a clearing corporation as defined in Division 8 of Title 13        (relating to investment securities).            (7)  Receive, hold or transfer securities in book-entry        form.            (8)  In general, exercise all powers with respect to        stocks, bonds and securities that the principal could if        present.        (l)  Power to engage in commodity and option transactions.--A     power to "engage in commodity and option transactions" shall     mean that the agent may:            (1)  Buy, sell, exchange, assign, convey, settle and        exercise commodities future contracts and call and put        options on stocks and stock indices traded on a regulated        options exchange and collect and receipt for all proceeds of        any such transactions.            (2)  Establish or continue option accounts for the        principal with any securities of a futures broker.            (3)  In general, exercise all powers with respect to        commodity and option transactions that the principal could if        present.        (m)  Power to engage in banking and financial transactions.--     A power to "engage in banking and financial transactions" shall     mean that the agent may:            (1)  Sign checks, drafts, orders, notes, bills of        exchange and other instruments ("items") or otherwise make        withdrawals from checking, savings, transaction, deposit,        loan or other accounts in the name of the principal and        endorse items payable to the principal and receive the        proceeds in cash or otherwise.            (2)  Open and close such accounts in the name of the        principal, purchase and redeem savings certificates,        certificates of deposit or similar instruments in the name of        the principal and execute and deliver receipts for any funds        withdrawn or certificates redeemed.            (3)  Deposit any funds received for the principal in        accounts of the principal.            (4)  Do all acts regarding checking, savings,        transaction, deposit, loan or other accounts, savings        certificates, certificates of deposit or similar instruments,        the same as the principal could do if personally present.            (5)  Sign any tax information or reporting form required        by Federal, State or local taxing authorities, including, but        not limited to, any Form W-9 or similar form.            (6)  In general, transact any business with a banking or        financial institution that the principal could if present.        (n)  Power to borrow money.--A power to "borrow money" shall     mean that the agent may borrow money and pledge or mortgage any     properties that the principal owns as a security therefor.        (o)  Power to enter safe deposit boxes.--A power to "enter     safe deposit boxes" shall mean that the agent may enter any safe     deposit box in the name of the principal; add to or remove the     contents of such box, open and close safe deposit boxes in the     name of the principal; however, the agent shall not deposit or     keep in any safe deposit box of the principal any property in     which the agent has a personal interest.        (p)  Power to engage in insurance transactions.--A power to     "engage in insurance 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) and pay        premiums and collect benefits and proceeds under insurance        policies.            (2)  Exercise nonforfeiture provisions under insurance        policies.            (3)  In general, exercise all powers with respect to        insurance 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.        (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.        (r)  Power to handle interests in estates and trusts.--A     power to "handle interests in estates and trusts" shall mean     that the agent may receive a bequest, devise, gift or other     transfer of real or personal property to the principal in the     principal's own right or as a fiduciary for another and give     full receipt and acquittance therefor or a refunding bond     therefor; approve accounts of any estate, trust, partnership or     other transaction in which the principal may have an interest;     and enter into any compromise and release in regard thereto.        (s)  Power to pursue claims and litigation.--A power to     "pursue claims and litigation" shall mean that the agent may:            (1)  Institute, prosecute, defend, abandon, arbitrate,        compromise, settle or otherwise dispose of, and appear for        the principal in, any legal proceedings before any tribunal        regarding any claim relating to the principal or to any        property interest of the principal.            (2)  Collect and receipt for any claim or settlement        proceeds; waive or release rights of the principal; employ        and discharge attorneys and others on such terms (including        contingent fee arrangements) as the agent deems appropriate.            (3)  In general, exercise all powers with respect to        claims and litigation that the principal could if present.        (t)  Power to receive government benefits.--A power to     "receive government benefits" shall mean that the agent may     prepare, sign and file any claim or application for Social     Security, unemployment, military service or other government     benefits; collect and receipt for all government benefits or     assistance; and, in general, exercise all powers with respect to     government benefits that the principal could if present.        (u)  Power to pursue tax matters.--A power to "pursue tax     matters" shall mean that the agent may:            (1)  Prepare, sign, verify and file any tax return on        behalf of the principal, including, but not limited to, joint        returns and declarations of estimated tax; examine and copy        all the principal's tax returns and tax records.            (2)  Sign an Internal Revenue Service power of attorney        form.            (3)  Represent the principal before any taxing authority;        protest and litigate tax assessments; claim, sue for and        collect tax refunds; waive rights and sign all documents        required to settle, pay and determine tax liabilities; sign        waivers extending the period of time for the assessment of        taxes or tax deficiencies.            (4)  In general, exercise all powers with respect to tax        matters that the principal could if present.        (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).        (v)  Powers generally.--All powers described in this section     shall be exercisable with respect to any matter in which the     principal is in any way interested at the giving of the power of     attorney or thereafter and whether arising in this Commonwealth     or elsewhere.     (April 16, 1992, P.L.108, No.24, eff. 60 days; Dec. 16, 1992,     P.L.1163, No.152, eff. imd.; Dec. 1, 1994, P.L.655, No.102, eff.     90 days; Oct. 12, 1999, P.L.422, No.39, eff. 60 days)        1999 Amendment.  Section 13(6) of Act 39 provided that the     repeal of subsec. (a)(2)(iii), (3), (4) and (5) shall apply     beginning with the effective date of the repeal of that section.        Cross References.  Section 5603 is referred to in sections     2206, 5601.2, 5602 of this title.