Pennsylvania Amends Provisions Concerning Powers of Attorney
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Pennsylvania recently amended certain provisions regarding powers of attorney. These changes take effect immediately.
Some of the highlights to the amendment include the following:
“Nothing in this section shall prohibit an acknowledgment of a power of attorney before a member of the bar of the Pennsylvania Supreme Court in the manner authorized by 42 PA.C.S. § 327(A) (Relating to oaths and acknowledgments) certified in the manner provided by 57 PA.C.S. § 316(2.1) (relating to short form certificates) provided the attorney taking the acknowledgement does not act as one of the two witnesses required by this paragraph.”
The amendment incorporates a section related to governing documents of certain entities:
“(iv) [A power contained in the governing document for a corporation, partnership or limited liability company or other legal entity by which a director, partner or member authorizes others to do other things on behalf of the entity or a proxy or other delegation to exercise voting rights or management rights with respect to a legal entity.]
A power:
(A) contained in the governing document for a corporation, partnership or limited liability company or other legal entity;
(B) authorized by the law that governs the internal affairs of a legal entity;
(C) by which a director, shareholder, partner, member or manager authorizes others to do things on behalf of the entity; or
(D) contained in a proxy or other delegation to exercise voting rights or management rights with respect to legal entity.”
- a. A spouse’s power to claim an elective share,
- b. The durable power of attorney, and
- c. Short form certificates for notarial acts.
For a copy of the bill please see: http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?sind=0&syear=2015&body=H&type=B&bn=665
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