2010 Pennsylvania Code
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Chapter 58 - Mental Health Care
5832 - Execution.

     § 5832.  Execution.
        (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.