The duties of an agent under 20 Pa.C.S. § 5601.3 apply to powers of attorney created before January 1, 2015, but do not apply to acts of omissions of agents that occurred before that date, and an agent’s deposit in 2014 of a refund check payable to the principal into a bank account in the joint names of the principal and agent was not an improper commingling of assets when the joint account was created by the principal and did not include funds of the agent, but could be a breach of fiduciary duty for other reasons. Because the Orphans’ Court failed to consider other possible reasons, and prevented the parties from developing a record relevant to those other reasons, the case was remanded for further proceedings. In re: Estate of Eugenia M. Finnie, 1476 EDA 2022, 1477 EDA 2022 (Pa. Super. 2/27/2023) (non-precedential), vac’g and rem’g, 12 Fid.Rep.3d 203 (Montgomery O.C. 2022).

For a later opinion of the Superior Court in the same case, see “Insufficient Evidence of Breach of Fiduciary Duty by Agent.”