§ 5836. Authority of mental health care agent
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 20 Pa.C.S.A. Decedents, Estates and FiduciariesEffective: January 31, 2005
Effective: January 31, 2005
20 Pa.C.S.A. § 5836
§ 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 health care agent may make any mental health care decision and exercise any right and power regarding the principal's care, custody and mental health care treatment that the principal could have made and exercised.
(d) Mental health care decisions.--After consultation with mental health care providers and after consideration of the prognosis and acceptable alternatives regarding diagnosis, treatments and side effects, a mental health care agent shall make mental health care decisions in accordance with the mental health care agent's understanding and interpretation of the instructions given by the principal at a time when the principal had the capacity to make and communicate mental health care decisions. Instructions include a declaration made by the principal and any clear written or verbal directions that cover the situation presented. In the absence of instructions, the mental health care agent shall make mental health care decisions conforming with the mental health care agent's assessment of the principal's preferences.
Credits
2004, Nov. 30, P.L. 1525, No. 194, § 1, effective in 60 days [Jan. 31, 2005].
20 Pa.C.S.A. § 5836, PA ST 20 Pa.C.S.A. § 5836
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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