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§ 5837. Removal of agent

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 20 Pa.C.S.A. Decedents, Estates and FiduciariesEffective: January 31, 2005

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 20 Pa.C.S.A. Decedents, Estates and Fiduciaries (Refs & Annos)
Chapter 58. Mental Health Care
Subchapter C. Mental Health Powers of Attorney
Effective: January 31, 2005
20 Pa.C.S.A. § 5837
§ 5837. Removal of agent
Currentness
(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 the agent.
(6) Divorce.
(b) Notice of voluntary withdrawal.--
(1) A mental health care agent who voluntarily withdraws shall inform the principal.
(2) If the mental health power of attorney is in effect, the agent shall notify providers of mental health treatment.
(c) Challenges.--Third parties may challenge the authority of a mental health agent in the orphan's court division of the court of common pleas.
(d) Effect of removal.--If a mental health power of attorney provides for a substitute agent, then the substitute agent shall assume responsibility when the agent is removed. If the power of attorney does not provide for a substitute, then a mental health care provider shall follow any instructions in the power of attorney.

Credits

2004, Nov. 30, P.L. 1525, No. 194, § 1, effective in 60 days [Jan. 31, 2005].
20 Pa.C.S.A. § 5837, PA ST 20 Pa.C.S.A. § 5837
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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