Home Table of Contents

§ 5832. Execution

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. § 5832
§ 5832. Execution
Currentness
(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 of the act of July 9, 1976 (P.L. 817, No. 143),1 known as the Mental Health Procedures Act, may make a mental health power of attorney governing the initiation, continuation, withholding or withdrawal of mental health treatment.
(b) Requirements.--A mental health power of attorney must be:
(1) Dated and signed by the principal by signature or mark or by another individual on behalf of and at the direction of the principal.
(2) Witnessed by two individuals, each of whom must be at least 18 years of age.
(c) Witnesses.--
(1) An individual who signs a mental health power of attorney on behalf of and at the direction of a principal may not witness the mental health power of attorney.
(2) A mental health care provider and its agent may not sign a mental health power of attorney on behalf of and at the direction of a principal if the mental health care provider or agent provides mental health care services to the principal.

Credits

2004, Nov. 30, P.L. 1525, No. 194, § 1, effective in 60 days [Jan. 31, 2005].

Footnotes

1
50 P.S. § 7301 et seq.
20 Pa.C.S.A. § 5832, PA ST 20 Pa.C.S.A. § 5832
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document