20 Pennsylvania Consolidated Statutes Chapter 58 - Mental Health Care

• Chapter Notes

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

• Section 5831 - Short Title Of Subchapter
  This subchapter shall be known and may be cited as the Mental Health Care Agents Act.
• Section 5832 - Execution
  (a) Who may make.--An individual who is at least 18 years of age or an emancipated minor and who has not been deemed incapacitated...
• Section 5833 - Form
  (a) Requirements.--A mental health power of attorney must do the following: (1) Identify the principal and appoint the mental health care agent. (2) Declare...
• Section 5834 - Operation
  (a) When operative.--A mental health power of attorney shall become operative when: (1) A copy is provided to the attending physician. (2) The conditions...
• Section 5835 - Appointment Of Mental Health Care Agents
  (a) Successor mental health care agents.--A principal may appoint one or more successor agents who shall serve in the order named in the mental...
• Section 5836 - Authority Of Mental Health Care Agent
  (a) Extent of authority.--Except as expressly provided otherwise in a mental health power of attorney and subject to subsections (b) and (c), a mental...
• Section 5837 - Removal Of Agent
  (a) Grounds for removal.--A mental health care agent may be removed by the court for any of the following reasons: (1) Death or incapacity....
• Section 5838 - Effect Of Divorce
  If the spouse of a principal is designated as the principal's mental health care agent and thereafter either spouse files an action in divorce,...
• Section 5839 - Revocation
  (a) When a mental health power of attorney may be revoked.--A mental health power of attorney may be revoked by the principal at any...
• Section 5840 - Amendment
  While having the capacity to make mental health decisions, a principal may amend a mental health power of attorney by a writing executed in...
• Section 5841 - Relation Of Mental Health Care Agent To Court-appointed Guardian And Other Agents
  (a) Procedure.-- (1) Upon receipt of notice of a guardianship proceeding, a provider shall notify the court and the agent at the guardianship proceeding...
• Section 5842 - Duties Of Attending Physician And Mental Health Care Provider
  (a) Compliance with decisions of mental health care agent.--Subject to any limitation specified in a mental health power of attorney, an attending physician or...
• Section 5843 - Construction
  (a) General rule.--Nothing in this subchapter shall be construed to: (1) Affect the requirements of other laws of this Commonwealth regarding consent to observation,...
• Section 5844 - Conflicting Provisions
  If a provision of a mental health power of attorney conflicts with: (1) The provision of another mental health power of attorney or with...
• Section 5845 - Validity
  This subchapter shall not be construed to limit the validity of a health care power of attorney executed prior to the effective date of...

Last modified: October 8, 2016