(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), 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.
Cross References. Section 5832 is referred to in section 5840 of this title.
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