(a) When declaration may be revoked.--A declaration may be revoked by the declarant at any time, either orally or in writing, in whole or in part, unless the individual has been found to be incapable of making mental health decisions or the individual has been involuntarily committed.
(b) Capacity to revoke.--Subsection (a) notwithstanding, during a period of involuntary commitment pursuant to Article III of the act of July 9, 1976 (P.L.817, No.143), known as the Mental Health Procedures Act, a declarant may revoke the declaration 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 of a declaration shall be effective upon communication to the attending physician or other mental health care provider by the declarant or a witness to the revocation of the intent to revoke.
(d) Mental health record.--An attending physician or other mental health care provider shall make revocation, a finding of capacity or a declaration part of the mental health record of the declarant.
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