Pennsylvania § 5807 - Rights and responsibilities.
Full text of Pennsylvania Pennsylvania Consolidated Statutes § 5807 — Rights and responsibilities., with citation guidance and answers to common questions.
§ 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.
Frequently Asked Questions About Pennsylvania § 5807
What does Pennsylvania Consolidated Statutes § 5807 cover?
Section 5807 ("Rights and responsibilities.") is part of the Pennsylvania Consolidated Statutes, the codified statutory law of Pennsylvania. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Pennsylvania § 5807?
A common citation format is "Pennsylvania Consolidated Statutes § 5807" (Pennsylvania). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Pennsylvania law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Pennsylvania official source linked on this page or consult a licensed Pennsylvania attorney.
How does Pennsylvania § 5807 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Pennsylvania can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Pennsylvania.