(a) Offense defined.--A person commits a felony of the third degree by willfully:
(1) Concealing, canceling, altering, defacing, obliterating or damaging a declaration without the consent of the declarant.
(2) Concealing, canceling, altering, defacing, obliterating or damaging a mental health power of attorney or any amendment or revocation thereof without the consent of the principal.
(3) Causing a person to execute a declaration or power of attorney under this chapter by undue influence, fraud or duress.
(4) Falsifying or forging a mental health power of attorney or declaration or any amendment or revocation thereof, the result of which is a direct change in the mental health care provided to the principal.
(b) Removal and liability.--An agent who willfully fails to comply with a mental health power of attorney may be removed and sued for actual damages.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Chapter 58 - Mental Health Care
Section 5803 - Legislative findings and intent
Section 5807 - Rights and responsibilities
Section 5808 - Combining mental health instruments
Section 5821 - Short title of subchapter
Section 5831 - Short title of subchapter
Section 5835 - Appointment of mental health care agents
Section 5836 - Authority of mental health care agent
Section 5837 - Removal of agent
Section 5838 - Effect of divorce
Section 5841 - Relation of mental health care agent to court-appointed guardian and other agents
Section 5842 - Duties of attending physician and mental health care provider