(a) Grounds for removal.--A mental health care agent may be removed by the court for any of the following reasons:
(1) Death or incapacity.
(2) Noncompliance with a mental health power of attorney.
(3) Physical assault or threats of harm.
(4) Coercion.
(5) Voluntary withdrawal by the agent.
(6) Divorce.
(b) Notice of voluntary withdrawal.--
(1) A mental health care agent who voluntarily withdraws shall inform the principal.
(2) If the mental health power of attorney is in effect, the agent shall notify providers of mental health treatment.
(c) Challenges.--Third parties may challenge the authority of a mental health agent in the orphan's court division of the court of common pleas.
(d) Effect of removal.--If a mental health power of attorney provides for a substitute agent, then the substitute agent shall assume responsibility when the agent is removed. If the power of attorney does not provide for a substitute, then a mental health care provider shall follow any instructions in the power of attorney.
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