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§ 5839. Revocation

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. § 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.
(c) Effect of revocation.--A revocation shall be effective upon communication to the attending physician or other mental health care provider by the principal or a witness to the revocation of the intent to revoke.
(d) Mental health record.--The attending physician or other mental health care provider shall make the revocation or a finding of capacity part of the mental health record of the declarant.
(e) Reliance on mental health power of attorney.--A physician or other mental health care provider may rely on the effectiveness of a mental health power of attorney unless notified of its revocation.
(f) Subsequent action by agent.--A mental health care agent who has notice of the revocation of a mental health power of attorney may not make or attempt to make mental health care decisions for the 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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