§5834. Operation.  


Latest version.
  • (a) When operative.--A mental health power of attorney shall become operative when:

    (1) A copy is provided to the attending physician.

    (2) The conditions stated in the power of attorney are met.

    (b) Invalidity of specific direction.--If a specific direction in a mental health power of attorney is held to be invalid, the invalidity does not negate other directions in the mental health power of attorney that can be effected without the invalid direction.

    (c) Duration.--A mental health power of attorney shall be valid until revoked by the principal or until two years after the date of execution. If a mental health power of attorney for mental health treatment has been invoked and is in effect at the specified date of expiration after its execution, the mental health power of attorney shall remain effective until the principal is no longer incapable.

    (d) Court approval unnecessary.--A mental health care decision made by a mental health care agent for a principal shall be effective without court approval.