2010 Pennsylvania Code
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Chapter 58 - Mental Health Care
5807 - Rights and responsibilities.

     § 5807.  Rights and responsibilities.
        (a)  Declarants and principals.--Persons who execute a
     declaration or a mental health power of attorney shall have the
     following rights and responsibilities:
            (1)  For the purposes of this chapter, persons are
        presumed capable of making mental health decisions, including
        the execution of a mental health declaration or power of
        attorney, unless they are adjudicated incapacitated,
        involuntarily committed or found to be incapable of making
        mental health decisions after examination by a psychiatrist
        and one of the following: another psychiatrist, 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.
            (2)  Persons shall be required to notify their mental
        health care provider of the existence of any declaration or
        mental health power of attorney.
            (3)  Persons shall execute or amend their declarations or
        mental health powers of attorney every two years; however, if
        a person is incapable of making mental heath care decisions
        at the time this document would expire, the document shall
        remain in effect and be reviewed at the time when the person
        regains capacity.
            (4)  Persons shall give notice of amendment and
        revocation to providers, agents and guardians, if any.
        (b)  Providers.--Mental health treatment providers shall have
     the following rights and responsibilities:
            (1)  Inquire as to the existence of declarations or
        powers of attorney for persons in their care.
            (2)  Inform persons who are being discharged from
        treatment about the availability of mental health
        declarations and powers of attorney as part of discharge
        planning.
            (3)  Not require declarations or powers of attorney as
        conditions of treatment. Mental health treatment providers
        may not choose whether to accept a person for treatment based
        solely on the existence or absence of a mental health
        declaration or power of attorney.