Home Table of Contents

§ 5824. Operation

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 B. Mental Health Declarations
Effective: January 31, 2005
20 Pa.C.S.A. § 5824
§ 5824. Operation
(a) When operative.--A declaration becomes operative when:
(1) A copy is provided to the attending physician.
(2) The conditions stated in the declaration are met.
(b) Compliance.--When a declaration becomes operative, the attending physician and other mental health care providers shall act in accordance with its provisions or comply with the transfer provisions of section 5804 (relating to compliance).
(c) Invalidity of specific direction.--If a specific direction in the declaration is held to be invalid, the invalidity shall not be construed to negate other directions in the declaration that can be effected without the invalid direction.
(d) Mental health record.--A physician or other mental health care provider to whom a copy of a declaration is furnished shall make it a part of the mental health record of the declarant for at least two years from the date of execution and, if unwilling to comply with the declaration, promptly so advise those listed in section 5804(a)(2).
(e) Duration.--A declaration shall be valid until revoked by the declarant or until two years from the date of execution. If a declaration for mental health treatment has been invoked and is in effect at the specified expiration date after its execution, the declaration shall remain effective until the principal is no longer incapable.
(f) Absence of declaration.--If an individual does not make a declaration, a presumption does not arise regarding the intent of the individual to consent to or to refuse a mental health treatment.


2004, Nov. 30, P.L. 1525, No. 194, § 1, effective in 60 days [Jan. 31, 2005].
20 Pa.C.S.A. § 5824, PA ST 20 Pa.C.S.A. § 5824
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document