§ 5839. Revocation
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. § 5839
§ 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 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 decisions or the principal has been involuntarily committed.
(b) Capacity to revoke.--Notwithstanding subsection (a), during a period of involuntary commitment pursuant to Article III of the act of July 9, 1976 (P.L. 817, No. 143),1 known as the Mental Health Procedures Act, a principal may revoke the mental health power of attorney only if found to be capable of making mental health decisions after examination by a psychiatrist and one of the following: another psychiatrist, a psychologist, a family physician, an attending physician or a mental health treatment professional. Whenever possible, at least one of the decision makers shall be a treating professional of the declarant or principal.
Credits
2004, Nov. 30, P.L. 1525, No. 194, § 1, effective in 60 days [Jan. 31, 2005].
Footnotes
50 P.S. § 7301 et seq.
20 Pa.C.S.A. § 5839, PA ST 20 Pa.C.S.A. § 5839
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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