Title 20, DECEDENTS, ESTATES AND FIDUCIARIES

(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 this chapter may not be subject to criminal or civil liability, discipline for unprofessional conduct or administrative sanctions and m…

(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 the consent of the declarant. (2) Concealing, canceling, altering, defacing, obliterating or damaging a …

(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 the purposes of this chapter, persons are presumed capable of making mental health decisions, including the executi…

(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 health power of attorney may be in the following form or any other written form which contains the information requir…

This subchapter shall be known and may be cited as the Advance Directive for Mental Health Act.

(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 to section 5511 (relating to petition and hearing; independent evaluation) or severely mentally disabled pursuant to Article III of the act of J…

A declaration may be in the following form or any other written form that expresses the wishes of a declarant regarding the initiation, continuation or refusal of mental health treatment and may include other specific directions, including, but not limited to, designation of anot…

(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 met. (b) Compliance.--When a declaration becomes operative, the attending physician and other mental health care provider…

(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 in part, unless the individual has been found to be incapable of making mental health decisions or the individual has been involuntarily commi…

(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 with the provisions of section 5822 (relating to execution). (b) Determination of capacity.--During the period of involuntary…

This subchapter shall be known and may be cited as the Mental Health Care Agents Act.

(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 pursuant to section 5511 (relating to petition and hearing; independent evaluation) or found to be severely mentally disabled pursuant to Article III…

(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 that the principal authorizes the mental health care agent to make mental health care decisions on behalf of the principal.…

(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 stated in the power of attorney are met. (b) Invalidity of specific direction.--If a specific direction in a mental health pow…

(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 health power of attorney unless the principal expressly directs to the contrary. (b) Who may not be appointed 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 health care agent may make any mental health care decision and exercise any right and power regarding the principal's care, custo…

(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. (2) Noncompliance with a mental health power of attorney. (3) Physical assault or threats of harm. (4) Coercion. (5) Voluntary withdrawal by…

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, the designation of the spouse as mental health care agent shall be revoked as of the time the action is filed unless it clearly appears …

(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 time, either orally or in writing in whole or in part, unless the principal has been found to be incapable of making mental health treatment decisi…

While having the capacity to make mental health decisions, a principal may amend a mental health power of attorney by a writing executed in accordance with the provisions of section 5832 (relating to execution).

(a) Procedure.-- (1) Upon receipt of notice of a guardianship proceeding, a provider shall notify the court and the agent at the guardianship proceeding of the existence of a mental health advance directive. (2) Upon receipt of a notice of guardianship proceeding, the agent shall…

(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 mental health care provider shall comply with a mental health care decision made by a mental health care agent to the sa…

(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, diagnosis, treatment or hospitalization for a mental illness. (2) Authorize a mental health care agent to consent …

If a provision of a mental health power of attorney conflicts with: (1) The provision of another mental health power of attorney or with a provision of a declaration, the provision of the instrument latest in date of execution shall prevail to the extent of the conflict. (2) A po…

This subchapter shall not be construed to limit the validity of a health care power of attorney executed prior to the effective date of this subchapter. A mental health power of attorney executed in another state or jurisdiction and in conformity with the laws of that state or ju…