20 Pennsylvania Consolidated Statutes Chapter 58 - Mental Health Care

Subchapter A.  General Provisions

  • Section 5801 - Applicability
    (a) General rule.--This chapter applies to mental health declarations and mental health powers of attorney. (b) Preservation of existing rights.--The provisions of this chapter...
  • Section 5802 - Definitions
    The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly...
  • Section 5803 - Legislative Findings And Intent
    (a) Intent.--This chapter provides a means for competent adults to control their mental health care either directly through instructions written in advance or indirectly...
  • Section 5804 - Compliance
    (a) Duty to comply.-- (1) An attending physician and mental health care provider shall comply with mental health declarations and powers of attorney. (2)...
  • Section 5805 - Liability
    (a) General rule.--A person who is a physician, another mental health care provider or another person who acts in good faith and consistent with...
  • Section 5806 - Penalties
    (a) Offense defined.--A person commits a felony of the third degree by willfully: (1) Concealing, canceling, altering, defacing, obliterating or damaging a declaration without...
  • Section 5807 - Rights And Responsibilities
    (a) Declarants and principals.--Persons who execute a declaration or a mental health power of attorney shall have the following rights and responsibilities: (1) For...
  • Section 5808 - Combining Mental Health Instruments
    (a) General rule.--A declaration and mental health power of attorney may be combined into one mental health document. (b) Form.--A combined declaration and mental...

Subchapter B.  Mental Health Declarations

  • Section 5821 - Short Title Of Subchapter
    This subchapter shall be known and may be cited as the Advance Directive for Mental Health Act.
  • Section 5822 - Execution
    (a) Who may make.--An individual who is at least 18 years of age or an emancipated minor and has not been deemed incapacitated pursuant...
  • Section 5823 - Form
    A declaration may be in the following form or any other written form that expresses the wishes of a declarant regarding the initiation, continuation...
  • Section 5824 - Operation
    (a) When operative.--A declaration becomes operative when: (1) A copy is provided to the attending physician. (2) The conditions stated in the declaration are...
  • Section 5825 - Revocation
    (a) When declaration may be revoked.--A declaration may be revoked by the declarant at any time, either orally or in writing, in whole or...
  • Section 5826 - Amendment
    (a) Capacity to amend.--While having the capacity to make mental health decisions, a declarant may amend a declaration by a writing executed in accordance...

Subchapter C.  Mental Health Powers of Attorney

Last modified: October 8, 2016