(a) Capacity to amend.--While having the capacity to make mental health decisions, a declarant may amend a declaration by a writing executed in accordance with the provisions of section 5822 (relating to execution).
(b) Determination of capacity.--During the period of involuntary treatment 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 amend the declaration if the individual is found to be capable of making mental health decisions after examination by a psychiatrist and one of the following: another psychiatrist, a psychologist, family physician, attending physician or mental health treatment professional. Whenever possible, at least one of the decision makers shall be a treating professional of the declarant or principal.
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