Section 5454 - When health care power of attorney operative

20 PA Cons Stat § 5454 (2019) (N/A)

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(a) When operative.--Unless otherwise specified in the health care power of attorney, a health care power of attorney becomes operative when:

(1) a copy is provided to the attending physician; and

(2) the attending physician determines that the principal is incompetent.

(b) When inoperative.--Unless otherwise specified in the health care power of attorney, a health care power of attorney becomes inoperative during such time as, in the determination of the attending physician, the principal is competent.

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

(d) Duration.--Unless the health care power of attorney states a time of termination, notwithstanding the lapse of time since the health care power of attorney was executed, the health care power of attorney is valid until revoked by any of the following:

(1) The principal.

(2) The court.

(3) If authorized by the court, the principal's guardian of the person.

(e) Court approval unnecessary.--A health care decision made by a health care agent for a principal is effective without court approval.

(July 8, 2016, P.L.497, No.79, eff. imd.)

2016 Amendment. Act 79 amended subsec. (d).

Cross References. Section 5454 is referred to in section 5456 of this title.

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